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REESE   LIBRARY 


UNIVERSITY  OF  CALIFORNIA. 


^ceiveJ         APR  25  1fi93 
Occasions  No.  ^'  3  O  /4^     Ckus  No. 


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CNIVEESITS 

PREFACE, 


The  duties  of  the  officers  in  the  Civil  Service  of  the  Govern- 
ment at  Washington  are  but  imperfectly  understood  by  the 
people  at  large.  They  have  an  indefinite  idea  of  the  employment 
of  a  numerous  army  of  officers  at  the  J^Tational  Capital,  but  beyond 
this,  and  as  regards  the  nature  of  tliat  employment,  its  impor- 
tance with  respect  to  the  material  interests  of  the  country,  and 
the  individual  responsibility  involved,  they  have  seemingly  given 
little  thought.  It  is  only  in  individual  cases,  where  private  in- 
terests require  business  transactions  at  the  seat  of  government, — 
as  in  the  case  of  a  contract,  bounty,  pension,  land,  or  other 
claim,— that  attention  is  awakened-,  and  then  it  is  directed  in  a 
particular  channel,  and  in  that  alone.  The  executive  depart- 
ments embrace  a  large  number  of  able,  faithful,  and  experienced 
men,  skilled  in  the  special  duties  required  of  them,  having  a 
practical  knowledge  of  laws,  rules,  and  precedents,  and  of  the 
application  of  the  same,  which  can  be  gained  only  after  years  of 
faithful  service.  The  heads  of  departments  and  bureaus,  men  of 
marked  ability,  are  for  the  most  part  dependent  upon  their 
subordinates  in  position,  many  of  whom  have  devoted  a  lifetime 
to  the  service,  for  a  successful  administration  of  Government 
affairs.  The  aim  of  this  volume  is  to  bring  before  the  people 
somewhat  in  detail,  yet  in  as  concise  a  form  as  practicable,  infor- 
mation of  the  duties  required  of  the  different  classes  of  officers, 
to  familiarize  them  with  the  plan  of  organization  of  the  several 
departments,  bureaus,  and  divisions,  and  to  impart  something 
regarding  the  mode  of  proceeding  therein,  and  the  place  where 
public  business,  of  whatever  character,  is  transacted.  The  hope 
is  entertained  that  it  may  prove  useful  not  only  to  public  officers, 
and  to  others  w^hose  business  interests  point  to  the  N^ational 
Capital,  but  to  those  who  desire  a  closer  insight  into  the  work- 
ings of  their  Government,  and  a  better  knowledge  of  what  is 
required  of  public  servants  in  the  interest  of  the  whole  people. 

w.  ^Z^^fXM^ 

Washington,  D.  C,  June  1, 1879. 


CONTENTS, 


CHAPTER    I.  PAGE. 

The  President &-14 

CHAPTER    II. 

The  Executive  Departments  Genebaxly 15-27 

CHAPTER    III. 

The  Department  op  State 28-42 

1.  The  Secretary  of  State 28 

2.  The  Consular  liureau 37 

3.  The  Diplomatic  Bureau 39 

4.  The  Bureau  of  Accounts • 30 

5.  The  Bureau  of  Indexes  and  Archives 40 

6.  The  Librarian 40 

7.  The  Division  of  Statistics 41 

8.  The  Examiner  of  Claims 41 

CHAPTER    lY. 

The  Department  of  War 43-65 

1.  The  Secretary  of  War 44 

2.  The  Office  of  the  Adjutant-General 57 

3.  The  Office  of  the  Quartermaster-General ; 58 

4.  The  Office  of  the  Paymaster-General 60 

5.  The  Office  of  the  Commissary-General 62 

6.  The  Office  of  the  Surgeon-General 62 

7.  The  Office  of  the  Chief  of  Engineers 63 

8.  The  Office  of  the  Chief  of  Ordnance 63 

9.  The  Office  of  Military  Justice 64 

10.  The  Office  of  the  Inspector-General 65 

CHAPTER    Y.  . 

The  Department  op  the  Treasury 66-313 

1.  The  Secretary  of  the  Treasury 68 

2.  The  Collection  of  the  Revenue 69 

3.  The  Safe-keeping  and  Disbursement  of  Public  Moneys 86 

4.  The  Support  of  the  Public  Credit 94 

5.  The  Interests  of  Commerce  and  Navigation 100 

6.  The  Management  of  the  Public  Accomits 109 

7.  The  Pubhc  Property  and  Miscellaneous Ill 

CHAPTER    YI. 

The  Office  op  the  Secretary  of  the  Treasury 114 

1.  The  Division  of  Warrants,  Estimates,  and  Appropriations..  118 

2.  The  Division  of  Public  Moneys 128 

3.  The  Customs  Division 141 

4.  The  Division  of  Internal  Revenue  and  Navigation l')'.) 

5.  The  Division  of  Loans  and  Currency l."? 

6.  The  Division  of  Revenue  Marine 16'S 

7.  The  Division  of  Ai^pointments 16(5 

8.  The  Division  of  Stationery  and  Printing 1G7 


4  '  CONTENTS. 

PAGE. 

9.  The  Division  of  Special  Agents 168 

10.  Tlie  Secret  Service  Division 169 

11.  Captured  and  Abandoned  Property  Division 170 

12.  Division  of  Disbursements 173 

18.  The  Light-house  Board 176 

14.  Bureau  of  the  Mint 178 

15.  Construction  Branch 180 

16.  The  Bureau  of  Engraving  and  Printing 181 

17.  Office  of  Supervising  Surgeon  of  Marine  Hospitals 183 

18.  The  Bureau  of  Statistics 185 

19.  Office  of  the  Coast  Survey 188 

20.  The  Life-savmg  Service 190 

CHAPTER    YII. 

TiiG  First  CoMPTHOLLEn  of  the  Treasury 193-198 

1.  Accounts  of  Public  Debt,  195.  2.  Mints  and  Assay  Offices, 
195.  3.  Judiciary,  195.  4.  Public  Printing,  195.  5.  Con- 
gressional, 195.  6.  Internal  Revenue,  195.  7.  Diplomatic 
and  Consular  Intercourse,  195.  8.  Public  Lands,  195. 
9.  Steamboats,  196.    10.  Miscellaneous,  196. 

CHAPTER    Till. 
The  Second  Comptboller  of  tiie  Treasury 199-205 

1.  Di-v-ision  of  Army  Accounts 204 

2.  Division  of  Naval  Accounts 204 

3.  Quartermaster's  Division 204 

4.  Indian  Division 204 

5.  Di^dslon  of  Army  Pensions : 204 

.  6.  Division  of  Miscellaneous  Claims 205 

CHAPTER    IX. 

The  CoM}iiissio?nER  of  Customs 206-211 

1.  The  Customs  Division 207 

2.  Warehouse  ahd  Bond  Division 208 

3.  Book-keeper's  Division 210 

4.  Division  of  Miscellaneous 210 

CHAPTER    X. 
The  First  Auditor  of  the  Treasury 212-219 

1.  The  Customs  Division 214 

2.  Public  Debt  Division 215 

3.  Judicicyy  Division 216 

4.  Warehouse  and  Customs  Bond  Division 317 

CHAPTER    XI. 
The  Second  Axjditor  of  the  Treasury 220-226 

1.  Book-keeper's  Division 222 

2.  Pajrmaster's  Division 223 

3.  Indian  Division 224 

4.  Pay  and  Bounty  Division 224 

5.  Division  for  Investigation  of  Frauds 224 

6.  Property  Division— Inquiries  and  Replies 235 

7.  Correspondence  and  Records .....'. 225 

8.  Division  of  Archives  and  Miscellaneous 225-226 

CHAPTER    XII. 
Thb  Third  Auditor  op  the  Treasury 227-236 

1.  The  Book-keeper's  Division 230 

2.  The  Q,uartennasters  Division 230 

3.  The  SubsistencQ  and  Engineer  Division 231 

4.  Claims  Divi.sion 233 

5.  Pension  Division 234 

6.  Collection  Division 235 


CONTENTS.  5 

CHAPTEE,    XIII.  PAGE. 

The  Fourth  Auditor  of  thje  Tkeasitry 237-246 

1.  The  Paymaster's  Division 240 

2.  Navy  Pay  Agents'  Di\'ision 240 

3.  Prize  and  Record  Division 241 

4.  Navy  Pension  Division 242 

5.  Book-keeper's  Division 242 

6.  General  Claims  Division 243 

CHAPTER    XIV. 

The  Fifth  Auditor  of  the  Treasury 244-246 

1.  Diplomatic  and  Consular  Accounts 244 

2.  Internal  Revenue  Accounts 245 

CHAPTER    XT. 

niE  Sixth  Auditor  of  the  Treasury 247-257 

1.  The  Examining  Division 252 

2.  The  Registering  Division 253 

3.  Tlie  Book-keeper's  Division 254 

4.  Tlie  Stating  Division 254 

5.  The  Collecting  Division 254 

6.  Tlie  Foreign  Mails. 255 

7.  The  Pay  Division - 255 

8.  Money-order  Accounts 256 

CHAPTER    XVI. 

The  Register  of  the  Treasury 258-265 

1.  Division  of  Receipts  and  Expenditures 260 

2.  Loan  Division 260 

3.  Note  and  Coupon  Division 262 

4.  Note  and  Fractional  Currency  Division 264 

5.  Tonnage  Division 265 

CHAPTER    XVn. 

The  Treasurer  of  the  United  States^ 266-276 

1.  The  Cashier's  Division 270 

2.  The  Cliief  Clerk's  Division..... 271 

3.  The  Division  of.Issues 272 

4.  The  Redemption  Division 273 

5.  The  Division  of  Accounts 273 

6.  The  Division  of  Loans 274 

7.  The  Division  of  National  Banks 274 

8.  The  National  Bank  Redemption  Agency.. 275 

CHAPTER    XVIII. 

The  Commissioner  of  Internal  Revenue 277-295 

1.  The  Solicitor  of  Internal  Revenue 277 

2.  The  Di\asion  of  Law 290 

3.  The  Division  of  Appointments 291 

4.  The  Division  of  Accounts 291 

5.  The  Division  of  Distilled  Spirits 232 

6.  The  Division  of  Assessments 294 

7.  The  Stamp  Division 294 

8.  The  Division  of  Revenue  Agents 295 

CHAPTER    XIX. 

The  Comptroller  of  the  Currency 296-313 

1.  The  Division  of  Organization 308 

2.  The  Division  of  Issue 30d 

3.  The  Division  of  Reports 311 

4.  Tlie  Division  of  Redemption 812 


b  CONTENTS. 

CHAPTER   XX.  PAGE. 

The  Post  Office  Department 314-349 

1.  The  Postmaster-G-eneral 315 

2.  The  First  Assistant 340 

3.  The  Division  of  Free  Delivery 340 

4.  Tlie  Blank  Agency 340 

5.  The  Ai)pointinent  Division 340 

6.  Bond  Division 340 

7.  Salary  and  Allow^ance  Division ; 342 

8.  The  Second  Assistant 312 

9.  The  Contract  Division 342 

10.  The  Division  of  Railway  Classification 343 

11.  Railway  Mail  Service 343 

12.  Inspection  Division 343 

13.  Mail  Equipment  Division 344 

14.  The  Third  Assistant 344 

15.  Division  of  Finance 344 

IC.  Division  of  Postage  Stamps,  &c 345 

17.  Division  of  Registered  Letters 349 

18.  Division  of  Dead  Letters 346 

19.  Office  of  Foreign  Mails 347 

20.  Money-order  Office ,  348 

21.  Topographer's  Office 348 

22.  Office  of  Special  Agents  and  Mail  Depred'itions 348 

23.  Office  of  Attorney-General  for  the  Post  Office  Department.  349 

CHAPTER    XXI. 

The  Department  of  Justice 350-377 

1.  The  Attorney-G-eneral 351 

CHAPTER    XXII. 

The  Office  of  the  Solicitor  of  the  Treasury .' 363-377 

1.  The  Solicitor  of  the  Treasury 366 

CHAPTER    XXIII. 

The  Department  of  the  Navy , 378-395 

1.  The  Secretary  of  the  NaAry 379 

2.  Bureau  of  Yards  and  Docks .: 390 

3.  Bureau  of  Equipment  and  Recruiting 391 

4.  Bui-ean  of  Constrviction  and  Repair 392 

5.  Bureau  of  Steam  Engineering 392 

6.  Bureau  of  Navigation,  Hydrographic  Office 392 

7.  Bureau  of  Ordnance 394 

8.  Bureau  of  Pro\'isions  and  Clothing 394 

9.  Bureau  of  Medicine  and  Surgery 394 

CHAPTER    XXIT. 

The  Department  of  the  Interior 396-000 

1.  The  Secretary  of  the  Interior 397 

The  Census,  the  Public  Lands,  Public  Buildings,  Contracts 

and  1-^nting,  Pensions,  Hospitals,  Patents 407-414 

2.  The  Assistant  Attorney  -  General  for  the  Interior  Depart- 

ment   396 

S.  The  Division  of  Appointments 416 

4.  The  Di\'ision  of  Disbursements 416 

5.  The  Division  of  Indian  Afiairs 417 

6.  The  Division  of  Lands  and  Railwaj^s 418 

7.  The  Division  of  Pensions  and  Miscellancou.- 419 

8.  The  Di\'ision  of  Public  Documents 419 

9.  The  Returns  Office IIS) 

10.  The  Board  of  Indian  Commissioners 4-0 


CONTENTS.  7 

CHAPTER    XXT.  page. 

The  Gexeeal  LiXsd  Office 422-455 

1.  Surveys,  422.     2.  Pre-emptions,  423.     3.  Homesteads,  424. 
4.  Timber  Culture,   426.    5.   Boimty  Lands,  427.    6.   Miileral 

Lands,  428.    7.  Desert  Lands,  429.    8.  Town  Sites 430 

9.  Agricultural  College  Scrip 431 

10.  The  Commissioner  of  the  General  Land  Office 48.3 

11.  Chief  Clerk's  Division 438 

12.  The  Recorder's  Division 439 

13.  The  Public  Lands  Division 439 

14.  Division  of  Private  Land  Claims 441 

15.  Division  of  Public  Surveys 441 

16.  Division  of  Railroads 442 

17.  Pre-emption  Di\asion , 443 

18.  Military  Warrant  Di^-ision 443 

19.  Swami)-land  Division 443 

20.  Di\ision  of  Accounts 444 

21.  Division  of  Mineral  Claims 445 

CHAPTER    XXVI. 

The  Co^emissioxer  of  Ixdia^'  Affairs 446-452 

1.  The  Office  of  Indian  Affairs '. 448 

2.  Finance  Division 449 

3.  Division  of  Accomits 449 

4.  Land  Division 450 

5.  Civilization  Divisfon 450 

6.  Records  and  Files  Division 452 

CHAPTER    XXVII. 

The  Co^nnssioxER  of  Pensions 453-470 

1.  The  Pension  Office,  456.  2.  Invalid  Pensioners,  457.  3.  Sur- 
vivors of  War  of  1812,  460.  4.  Widows  and  Children's 
Pensions,   460.    5.   Dependent  Relatives'  Pensions,   462. 

6.  Time  and  Manner  of  Paying  Pensions 465 

7.  Mail  Division 467 

8.  Division  of  Records  and  Accounts 467 

9.  Medical  Division 467 

10.  Invalid  Division 468 

11.  Navy,  Old  War,  and  Bounty  Land  Division 468 

12.  Widows'  Division 463 

13.  Special  Service  Division 469 

CHAPTER    XXVIII. 

The  Patext  Office 471-487 

1.  Trade-marks  and  Original  Designs 477 

2.  The  Commissioner  of  Patents 481 

CHAPTER    XXIX. 

The  Bureau  of  Education 488-489 

1.  The  Division  of  Correspondence,  Records,  and  Documents.  488 

2.  The  Division  of  Statistics 489 

3.  The  Division  of  Translation 489 

4.  The  Division  of  Abstracts 489 

CHAPTER    XXX. 

The  Office  of  the  Auditor  of  Railroad  Accouxts 490-491 

CHAPTER    XXXI. 

The  Departmext  of  Agriculture 492-496 

1.  The  Commissioner 493 

2.  The  Chemist 495 

3.  The  Entomologist 495 

4.  The  Botanist 495 

5.  The  Statistician 496 


The  Executive  Departments. 


CHAPTER  T. 

THE     PRESIDENT. 


1.  By  the  Constitution  of  the  United  States,  the  powers 
of  the  Federal  Grovernment  are  divided  into  three  great 
branches :  the  Legislative,  the  Executive,  and  the  Judicial. 
Each  of  these,  as  constituted,  exercises  by  authority  of  that 
instrument  well-defined,  separate,  and  independent  func- 
tions, which  are  not  to  be  limited  or  encroached  upon  in 
any  sense  by  the  other.  It  is  the  province  of  the  Legisla- 
tive branch  to  enact  the  laws,  of  the  Executive  branch  to 
carry  them  into  effect,  and  of  the  Judicial  department  to 
construe  and  apply  the  same,  within  the  limits  of  its  juris- 
diction, to  controversies  as  they  may  arise,  whether  between 
individuals,  between  them  and  the  United  States,  or  between 
the  several  States. 

In  accordance  with  this  supreme  law  of  the  land,  th*e 
ejcecutive  power  is  vested  in  the  President.  The  political 
qualification  for  the  office  is,  that  he  shall  be  a  natural-born 
citizen  of,  and  shall  have  been  a  resident  for  fourteen  years 
within,  the  United  States ;  also,  that  he  shall  have  attained 
the  age  of  thirty-five  years.     (Art.  II,  §§  1,  2.) 

S.  According  to  the  same  instrument,  he  is  the  Com- 
mander-in-Chief of  the  Army  and  Navy  of  the  United  States, 
and  of  the  militia  of  the  several  States  when  called  into 
the  actual  service  of  the  United  States.     (Id.,  §  2.) 

3.  He  may  require  the  opinion  in  wi'iting  of  the  princi- 
pal officers  in  each  of  the  executive  departments  upon  any 


10  THE  EXECUTIVE  DEPARTMENTS. 

subject  relating  to  the  duties  of  their  respective  offices. 
(Id.) 

4L,  He  is  invested  with  power  to  grant  reprieves  and  par- 
dons for  offenses  against  the  United  States,  except  in  cases 
of  impeachment.     (Id.) 

5,  He  has  power,  by  and  with  the  advice  and  consent  of 
the  Senate,  to  make  treaties,  provided  two -thirds  of  the 
Senators  present  concur ;  and  he  is  required  to  nominate, 
and  by  and  with  the  advice  and  consent  of  the  Senate  to 
appoint,  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States  whose  appointments  are  not  otherwise  pro- 
vided for  in  the  Constitution,  and  which  shall  be  established 
by  law.  This  last  provision,  as  to  other  officers  not  pro- 
vided for  in  the  Constitution,  is,  however,  subject  to  the 
power  of  Congress  to  vest  the  appointment  of  such  inferior 
officers  as  it  may  think  proper  in  the  President  alone,  in 
the  courts  of  law,  or  in  the  heads  of  departments.  He  has 
power  to  fill  all  vacancies  that  may  happen  during  the  re- 
cess of  the  Senate,  by  granting  commissions  to  expire  at 
the  end  of  the  next  session  thereof.     (Id.) 

6.  He  is  required  from  time  to  time  to  give  to  Congress 
information  of  the  state  of  the  Union,  and  to  recommend 
for  its  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient.  He  may  on  extraordinary  occasions 
convene  both  Houses,  or  either  of  them ;  and  in  case  of 
disagreement  between  them  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall 
think  proper.     (Id.,  §  3.) 

7,  He  is  empowered  to  receive  ambassadors  and  other 
public  ministers.     (Id.) 

8.  He  is  required  to  take  care  that  the  laws  be  faithfully 
executed,  and  to  commission  all  the  officers  of  the  United 
States.     (Id.) 


THE   PRESIDENT.  11 

O,  Every  bill  which  shall  have  passed  the  House  and  the 
Senate,  before  it  becomes  a  law,  as  likewise  every  order, 
resolution,  or  vote  [except  on  a  question  of  adjournment] 
requiring  the  concuiTence  of  both  Houses,  must  be  pre. 
sented  to  the  President.  If  he  approves  it,  he  is  required 
to  sign  the  same  ;  but  if  the  contrary,  to  return  it,  with  his 
objections,  to  the  House  in  which  it  originated,  to  become 
a  law  on  being  repassed  by  two-thirds  of  each  House.  If 
the  President  shall  fail  to  return  the  bill,  order,  &c.,  within 
ten  days,  Sundays  excepted,  it  becomes  a  law,  the  same 
as  if  he  had  signed  it,  unless  its  retm^n  is  prevented  by  the 
adjournment  of  Congress.     (Art.  I,  §  2.) 

10.  The  President  is  authorized  by  act  of  Congress  to 
appoint,  as  his  official  household,  a  private  secretary,  an 
assistant  secretary,  two  executive  clerks,  a  steward,  and  a 
messenger. 

11.  Whenever  Congress  is  about  to  convene,  and  from 
the  prevalence  of  contagious  sickness,  or  the  existence  of 
other  circumstances,  it  would,  in  the  opinion  of  the*  Presi- 
dent, be  hazardous  to  the  lives  or  health  of  the  members 
to  meet  at  the  seat  of  government,  he  is  authorized,  by 
proclamation,  to  convene  that  body  at  such  other  place  as 
he  shall  judge  proper.     (R.  S.,  §  34.) 

12.  In  any  case  of  the  death,  resignation,  absence,  or 
sickness  of  a  head  of  a  department  or  of  the  head  of  a  bu- 
reau, or  of  any  officer  thereof  whose  appointment  is  not 
vested  in  the  head  of  a  department,  except  in  the  case  of 
the  death,  resignation,  absence,  or  sickness  oC  the  Attorney- 
General,  the  President  may  authorize  and  direct  the  head 
of  any  other  department,  or  any  officer  in  either  department 
v/hose  appointment  is  vested  in  the  President  by  and  with 
the  advice  and  consent  of  the  Senate,  to  perform  the  duties 
of  the  vacant  office  ;  but  a  vacancy  occurring  through  death 
or  resignation  may  not  be  filled  for  a  longer  period  than  ten 


12  THE  EXECUTIVE  DEPARTMENTS., 

days.  And  no  temporary  appointment,  designation,  or  as- 
signment shall  be  made  otherwise  than  as  so  provided, 
except  during  a  recess  of  the  Senate.  (K.  S.,  §§  177,  178, 
179,  181.) 

13.  The  President  is  authorized,  during  a  recess  of  the 
Senate,  to  suspend  any  of  the  civil  officers  appointed  by  and 
with  the  advice  and  consent  of  the  Senate,  except  judges 
of  United  States  courts,  until  the  end  of  the  next  session  of 
the  Senate,  and  to  designate  some  suitable  person,  subject 
to  be  removed  by  the  designation  of  another,  to  perform 
the  duties  of  the  suspended  officer.  Within  thirty  days 
after  the  commencement  of  each  session  of  the  Senate, 
except  for  any  office  which  he  deems  should  not  be  filled, 
the  President  is  required  to  nominate  persons  to  fill  all 
vacancies  existing  at  the  meeting  of  the  Senate,  whether 
temporarily  filled  or  not,  and  also  in  the  place  of  officers 
suspended ;  and  if  the  Senate  refuse  to  advise  and  consent 
to  an  appointment  in  the  place  of  any  suspended  officer, 
then  the  President  is  required  to  nominate  another  person 
as  soon  as  practicable  to  the  same  session  for  the  office. 
(R.  S.,  §  1768.) 

14.  The  President  may,  under  certain  circumstances,  dis- 
charge poor  debtors  under  imprisonment  on  execution  for 
debt  due  the  United  States.     (R.  S.,  §  3472.) 

15.  He  may  regulate  and  increase  the  sums  for  which 
official  bonds  are  given  by  customs  officers,  receivers  and 
registers  of  the  Land  Office,  and  disbursing  officers  under 
the  direction  of  the  "War  and  Navy  Departments.  (R.  S., 
§  3639.) 

16.  He  may,  in  case  of  war  between  the  United  States 
and  aify  foreign  Power,  and  after  making  proclamation, 
apprehend,  restrain,  secure,  and  remove  alien  enemies,  and 
regulate  the  conduct  to  be  observed  by  the  United  States 
towards  such  persons.     (R.  S.,  §  4067.) 


THE   PRESIDENT.  13 

Sl7,  He  may  employ  United  States  armed  vessels  to 
suppress  piracy  and  to  protect  the  merchant  marine  of  the 
United  States  from  piratical  aggi'essions,  and  he  may  also 
prescribe  regulations  to  this  end.     (K.  S.,  §  4293.) 

18,  He  may  employ  the  land  and  naval  forces,  or  the 
militia,  to  compel  the  departure  of  any  foreign  vessel  from 
the  United  States,  when  by  the  laws  of  nations  or  treaties 
with  the  United  States  such  vessel  should  not  remain.  (R. 
S.,  §  5288.) 

10.  In  case  of  insurrection  in  any  State  against  the  gov- 
ernment thereof,  the  President,  on  application  of  the  Legis- 
lature of  such  State,  or  of  the  Executive  when  the  Legisla- 
ture cannot  be  convened,  is  empowered  to  call  forth  such 
of  the  militia  of  any  other  State  as  he  may  deem  sufficient 
to  suppress  such  insurrection ;  or  he  may  employ  such  por- 
tion of  the  land  or  naval  force  as  he  may  think  necessary 
for  the  purpose. 

^O,  He  may  likewise  call  out  the  militia  of  any  State  or 
employ  the  land  and  naval  forces  to  suppress  rebellion 
against  the  United  States,  when  the  ordinary  course  of  judi- 
cial proceedings  is  in  his  judgment  impracticable.  And 
he  is  invested  by  law  with  the  power  to  originate  and  take 
rigorous  measures,  as  specified,  to  this  end.  (R.  S.,  §§  5298, 
5299,  &c.)- 

SI.  He  is  authorized  to  employ  any  armed  vessel  of  the 
United  States  to  suppress  the  slave  trade  caiTied  on  by  citi- 
zens or  residents  of  the  United  States  in  American  vessels, 
and  to  make  regulations  and  arrangements  for  the  safe- 
keeping, support,  and  delivery  outside  the  United  States 
of  negroes,  mulattoes,  or  persons  of  color  captured  from 
vessels  so  engaged.  (R.  S.,  §§  5557,  5561,  5566, 5567,  5568, 
5569.) 

SS.  The  foregoing  are  the  more  important,  general,  and 
specific  powers  and  duties  of  the  President  as  laid  down  in 


14  THE   EXECUTIVE   DEPARTMENTS. 

the  Constitution  and  laws ;  biit  there  are  numerous  other 
provisions  scattered  through  the  statutes  conferring  upon 
the  Executive,  functions  and  powers  and  requiring  duties 
from  him  as  to  minor  details  of  our  Indian  service,  of  emi- 
gration, public  lands,  revenue,  coast  survey,  &c.,  which  are 
necessarily  involved  in  the  faithful  execution  of  the  laws 
regarding  those  titles,  and  in  the  supervision  of  those  sub- 
jects, under  the  direction  of  the  President,  by  the  proper 
heads  of  departments  respectively. 

SS.  The  acts  of  these  heads  of  departments  are  in  law 
the  acts  of  the  President.  He  acts  by  and  through  them. 
The  executive  power  is  vested  in  him.  It  is  not  necessary, 
generally,  in  order  to  the  proper  performance  of  dutieu 
specifically  required  of  him  by  law,  nor  is  it  essential  to 
constitute  the  act  a  valid  one,  that  his  direction  of  the  sub- 
ject-matter shall  be  a  personal  one,  or  that  it  shall  appear 
that  the  act  was  done  through  his  direction ;  but  such  direc- 
tion on  his  part  will,  in  general,  be  presumed  as  regards  all 
official  acts  of  the  head  of  the  proper  department.  (13 
Peters,  p.  498  ;  16  Id.,  p.  291 ;  1  How.,  p.  290 ;  7  Opins.. 
p.  453.) 


THE   DEPARTMENTS   GENERALLY. 


15 


CHAPTER  n. 


THE  EXECUTIVE  DEPARTMENTS  GENERALLY. 


tJNlVEBsiTY 

'FORNIA. 


24:,  Provision  is  made  in  the  statutes  of  the  Unite:! 
States  for  seven  executive  departments  of  the  General  Gov- 
ernment, namely : 

The  Department  of  State. 

The  Department  of  War. 

The  Department  of  the  Treasury. 

The  Post  Office  Department. 

The  Department  of  Justice. 

The  Department  of  the  Navy. 

The  Department  of  the  Interior. 
"^  S5.  Each  of  these  departments  is  directed  in  its  opera- 
tions by  a  head,  who,  upon  any  subject  relating  to  the  duties 
of  his  office,  is  constituted  by  the  supreme  law  of  the  land 
an  adviser  of  the  President. 

The  functions  and  duties  of  these  high  executive  officers 
are  well  defined  by  law,  in  general  and  special  provisions 
aiming  to  restrict  their  operations  within  proper  and  well- 
guarded  limits,  the  better  to  promote  the  political  and  ma- 
terial interests  of  the  people,  and  to  afford  security  against 
usurpation  and  abuse  of  power. 

SG,  Each  is  authorized  to  prescribe  rules  and  regula- 
tions for  the  government  of  his  department,  the  distribution 
and  transaction  of  its  business,  and  the  custody,  use,  and 
preservation  of  the  records  and  property  appertaining  to  it. 
He  is  authorized  to  employ  such  a  number  of  clerks  of  the 
several  classes  as  is  authorized  by  law,  or  as  may  be  appro- 
priated for  by  Congress.  These  clerks  are  classified  by  the 
Ptevised  Statutes  as  clerks  of  the  fourth,  third,  second,  and 


IG  THE  EXECUTIVE  DEPARTMENTS. 

first  classes.  In  addition  to  these,  provision  is  made  from 
time  to  time,  according  to  the  requirements  of  any  depart- 
ment, for  a  limited  number  of  temporary  clerks.  The  num- 
ber of  those  of  the  four  classes  named,  which  are  under- 
stood to  constitute  the  regular  or  permanent  clerical  force 
of  the  departments,  is  restricted  or  enlarged  from  year  to 
year  by  the  appropriation  acts,  in  accordance  with  the  de- 
mands of  the  public  business  or  with  the  judgment  of  Con- 
gress. 

27,  It  is  required  by  law  that  no  person  shall  be  ap- 
pointed in  either  of  the  classes  named  until  he  shall  have 
been  examined  and  found  qualified  by  a  board  of  three 
examiners,  to  consist  of  the  head  of  the  bureau  in  which 
the  appointment  is  to  be  made  and  two  clerks  to  be  select- 
ed by  the  head  of  the  appropriate  department.  (R.  S.,  § 
164.) 

38.  Each  department  has  a  disbursing  clerk,  (the  Treas- 
ury one  additional,)  who  is  required  to  give  bond  for  the 
faithful  discharge  of  his  duties,  which  consist,  mainly,  of 
the  payment  of  salaries  and  the  contingent  expenses  of 
the  department.  With  the  exception  of  those  in  the  Treas- 
ury Department,  each  is  required  to  superintend  the  build- 
ings occupied  by  his  department.     (R.  S.,  §  176.) 

29,  Besides  these,  the  Revised  Statutes  provide  for  and 
create  an  officer  for  each  department,  and  for  some  of  the 
bureaus  thereof,  designated  as  chief  clerk,  with  well-defined 
and  important  duties  and  functions.  He  is  to  supervise  the 
duties  of  the  other  clerks  in  his  department  or  bureau,  and 
to  see  that  they  are  faithfully  performed.  He  is  to  take 
care,  from  time  to  time,  that  the  duties  of  the  other  clerks 
are  distributed  with  equality  and  uniformity,  according  to 
the  nature  of  the  case.  He  is  to  revise  such  distribution 
from  time  to  time,  for  the  purpose  of  correcting  any  tend- 
ency to  undue  accumulation  or  reduction  of  duties,  whether 


THE   DEPARTMENTS   GENERALLY.  17 

» 

arising  from  individual  negligence  or  incapacity,  or  from 
increase  or  diminution  of  particular  kinds  of  business ;  and 
he  is  to  keep  his  superior  officers  advised  of  any  existing 
defect  in  the  arrangement  or  dispatch  of  business.  Such 
defects  are  to  be*reported  monthly,  and  each  head  of  a  de- 
partment, chief  of  a  bureau,  or  other  superior  officer,  upon 
receiving  such  a  report,  is  required  to  take  action  as  here- 
inafter stated.     (R.  S.,  §§  174,  175.) 

The  chief  clerk  is  essentially  the  business  officer  of  the 
department  or  bureau,  acting  in  an  administrative  rather 
than  in  a  clerical  capacity. 

By  a  recent  act  of  Congress  reorganizing  the  Treasury 
Department,  the  chief  clerks  of  certain  bureaus  thereof  were 
changed  by  designation  to  deputies',  but  the  duties  remain 
as  before.  Two  classes  of  officers  were  at  the  same  time 
created  in  the  office  of  the  Secretary  of  the  Treasury,  called 
chiefs  and  assistant  chiefs  of  divisions,  and  in  the  several 
bureaus  of  that  department  a  class  also  called  chiefs  of 
divisions. 

In  some  of  the  other  departments  there  are  such  officers 
as  chiefs  of  bureaus,  superintendents,  &c. 

These  different  classes  of  officers  are  merely  referred  to 
in  this  chapter  in  order  to  give  a  general  idea  6f  the  organ- 
ization of  the  several  departments  for  business.  The  rela- 
tions of  those  officers  to  their  respective  departments,  and 
with  the  people  whose  business  interests  or  necessities  may 
bring  the  two  into  contact,  will  be  treated  of  in  other  por- 
tions of  this  book  under  appropriate  heads.  Ascending 
still  higher  in  the  scale,  it  will  be  necessary  to  refer,  in  the 
proper  place,  to  the  immediate  assistants  to  the  head  of 
each  executive  department,  as  that  department  is  hereafter 
treated  of  separately. 

30.  Whenever  it  becomes  necessary  for  the  head  of  any 
department  or  office  to  employ  special  agents  other  than 
2 


18  THE  EXECUTIVE  DEPARTMENTS. 

officers  of  the  army  or  navy  who  may  be  charged  with  the 
disbursement  of  public  moneys,  such  agents  shall,  before 
entering  upon  duty,  give  bond  in  such  form  and  with  such 
security  as  the  head  of  the  department  or  office  may  ap- 
prove.    (R.  S.,  §  3614.) 

31.  From  the  first  day  of  October  until  the  first  day  of 
April  in  each  year  all  the  bureaus  and  offices  in  the  State, 
War,  Treasury,  Navy,  and  Post  Office  Departments,  and  in 
the  G-eneral  Land  Office,  are  required  by  law  to  be  open 
for  the  transaction  of  public  business  at  least  eight  hours 
in  each  day ;  and  from  the  first  of  April  until  the  first  of 
October  in  each  year  at  least  ten  hours  in  each  day,  except 
Sundays  and  days  declared  public  holidays  by  law.  (R.  S., 
§  162.) 

It  is  made  the  duty,  however,  of  the  heads  of  the  several 
executive  departments,  and  of  the  respective  bureaus  there- 
in, in  the  interests  of  the  public  service,  to  require  of  all 
clerks  and  chiefs  of  divisions  therein  such  hours  of  labor 
as  may  be  deemed  necessary  for  the  proper  dispatch  of  the 
public  business,  not  exceeding  the  time  for  which  such  de- 
partments are  required  to  be  opened  for  business.  (Act 
June  2j0,  1874,  Stats.  18,  p.  109.) 

33.  The'  legal  holidays  mentioned  are  Sunday,  Christ- 
mas Day,  the  fourth  of  July,  and  any  day  appointed  by  the 
President  as  a  day  of  public  fast  or  thanksgiving ;  and  in 
the  District  of  Columbia  the  1st  of  January.  By  a  recent 
act  of  January  31,  1879,  the  22d  of  February  is  also,  after 
the  year  1879,  made  a  legal  holiday  in  that  District. 

33.  Each  head  of  a  department,  chief  of  a  biu-eau,  or 
other  superior  officer,  is  required,  upon  receiving  the 
monthly  report  of  the  chief  clerk,  to  examine  the  facts 
stated  therein,  and  take  such  measures  as  may  be  neces- 
sary and  proper  to  amend  existing  defects  in  the  arrange- 


THE  DEPARTMENTS   GENERALLY.  19 

ment  or  dispatch  of  business  disclosed  by  such  report. 
(R.  S.,  §  175.) 

34:.  In  case  of  the  death,  resignation,  absence,  or  sick- 
ness of  the  head  of  a  department,  the  first  or  sole  assistant 
thereof,  unless  otherwise  directed  by  the  President  in  ac- 
cordance with  law,  is  required  to  perform  the  duties  of  such 
head  until  a  successor  shall  be  appointed  or  until  such  sick- 
ness or  absence  shall  cease. 

Likewise,  in  case  of  the  death,  resignation,  absence,  or 
sickness  of  any  chief  of  a  bureau  or  an  officer  thereof  whose 
appointment  is  not  vested  in  the  head  of  the  department, 
the  assistant  or  deputy  of  such  chief  or  officer,  or  if  there 
be  none  the  chief  clerk  of  such  bureau,  is  required  to  per- 
form the  duties. 

Except  in  case  of  the  death,  absence,  resignation,  or  sick- 
ness of  the  Attorney-Greneral,  the  President  may,  in  his  dis- 
cretion, authorize  and  direct  the  head  of  any  department,  or 
any  other  officer  in  either  department  whose  appointment  is 
vested  in  the  President  by  and  with  the  advice  and  consent 
of  the  Senate,  to  perform  the  duties  of  the  vacant  office 
until  a  successor  is  appointed  or  the  sickness  or  absence  of 
the  incumbent  shall  cease.  But  a  vacancy  occasioned  by 
death  or  resignation  cannot  legally  be  filled  under. these 
provisions  for  a  longer  period  than  ten  days.  (R.  S.,  §§ 
177,  178,  179,  180.) 

SS,  An  officer  or  clerk  of  a  department  lawfully  detailed 
to  investigate  fraud  or  attempted  fraud  on  the  Grovernment, 
or  any  irregularity  or  misconduct  of  any  officer  or  agent  of 
the  United  States,  has  authority  to  administer  oaths  to  wit- 
nesses attending  to  testify  in  the  course  of  the  investigation. 

Any  head  of  a  department  wherein  a  claim  against  the 
United  States  is  properly  pending  may  apply  to  any  judge 
or  clerk  of  any  court  of  the  United  States,  in  any  State, 
District,  or  Territory,  to  issue  a  subpoena  for  any  witness 


20  THE  EXECUTIVE  DEPARTMENTS. 

within  the  jurisdiction  to  appear,  at  a  time  and  place  stated, 
before  any  officer  authorized  to  take  depositions  to  be  used 
in  the  United  States  courts,  there  to  give  full  and  true  an- 
swers to  such  written  interrogatories  and  cross-interroga- 
tories as  may  be  submitted  with  the  application,  or  to  be 
orally  examined  and  cross-examined  upon  the  subject  of 
such  claim.  Compulsory  process  may  be  used  in  such  cases 
by  the  court  to  enforce  the  appearance  and  testimony  of 
the  witness.     (R.  S.,  §§  184,  186.) 

30.  If  the  services  of  counsel  are  required  by  any  head 
of  a  department  at  the  examination  of  such  witnesses  or  in 
the  legal  investigation  of  any  claim  pending  in  his  depart- 
ment or  any  biu'eau  thereof,  he  may  give  notice  to  the 
Attorney-Greneral  accordingly,  and  inform  him  of  all  the 
facts  necessary  to  enable  that  officer  to  furnish  proper  pro- 
fessional service  in  attending  such  examination  or  in  mak- 
ing the  investigation.    (R.  S.,  §  187.) 

37.  The  proper  department,  bureau,  or  officer,  when 
called  upon  for  the  same  by  the  Attorney-Greneral  in  the 
interests  of  the  defense  of  a  suit  in  the  Court  of  Claims 
against  the  United  States  involving  transactions  in  such 
department  or  bureau  or  by  such  officer,  is  required  to  fur- 
nish a  full  statement  in  writing  of  all  the  facts,  circumstan- 
ces, and  proofs,  with  a  reference  to  or  description  of  all 
official  documents  or  papers,  if  any,  as  may  furnish  proof 
of  facts  necessary  for  the  defense,  mentioning  the  depart- 
ment, office,  or  place  where  the  documents  or  papers  may 
be  procured. 

If  the  claim  has  been  passed  upon  and  decided  by  the 
^department,  bureau,  or  officer,  the  statement  must  declare 
ithe  reasons  and  principles,  succinctly,  upon  which  the  de- 
cision was  based.  If  such  decision  was  founded  upon  an 
act  of  Congress,  the  act  must  be  cited  specifically ;  and  any 
interpretation  or  construction  of  the  same  by  the  depart- 


THE  DEPAETMENTS   GENERALLY.  21 

ment,  bureau,  or  officer  must  be  set  forth,  and  a  copy  of 
the  opinion  must  be  annexed.  Where  any  decision  in  the 
case  has  been  based  upon  a  regulation  of  the  department, 
or  where  such  regulation  has,  in  the  opinion  of  the  officer 
transmitting  the  statement,  any  bearing  upon  the  claim  in 
suit,  the  same  must  be  distinctly  quoted  at  length  in  the 
statement.  Such  statement  may  be  held  to  apply  to  one 
case  or  a  class  of  cases  pending  in  the  Court  of  Claims,  the 
defense  of  which  depends  upon  the  same  facts,  circumstan- 
ces, and  proofs.    (R.  S.,  §  188.) 

38.  The  head  of  a  department  is  prohibited  from  em- 
ploying attorneys  or  counsel  at  the  expense  of  the  United 
States ;  but  when  in  need  of  counsel  or  advice,  he  is  re- 
quired to  call  upon  the  Department  of  Justice,  the  officers 
of  which  are  required  to  attend  to  the  same.    (R.  S.,  §  189.) 

39.  The  balances  which  may  from  time  to  time  be  stated 
by  the  Auditor  and  certified  to  the  heads  of  departments 
by  the  Commissioner  of  Customs  or  the  Comptrollers  of 
the  Treasury,  upon  the  settlement  of  public  accounts,  are 
not  subject  to  be  changed  or  modified  by  the  heads  of  de- 
partments, but  are  conclusive  upon  the  Executive  branch 
of  the  Grovernment,  and  subject  to  revision  only  by  Con- 
gress or  the  proper  courts.  The  head  of  the  proper  depart- 
ment, before  signing  a  warrant  for  any  balance  certified  to 
him  by  a  Comptroller,  may,  however,  submit  to  such  Comp- 
troller any  facts  in  his  judgment  affecting  the  correctness 
of  such  balance,  but  the  decision  of  the  Comptroller  thereon 
shall  be  final  and  conclusive,  as  hereinbefore  provided. 
(R.  S.,  §  191.) 

Previous  to  the  enactment  of  this  provision,  (March  30, 
1868,)  a  long  controversy  had  existed  as  to  the  exclusive 
jurisdiction  of  the  accounting  officers  over  matters  of  ac- 
count. The  opinions  of  Attorneys-General  had  left  the  ques- 
tion in  much  doubt ;  but  it  seems  to  have  been  at  length 


22  THE  EXECUTIVE  DEPARTMENTS. 

settled  by  the  very  exhaustive  opinion  of  Attorney-Greneral 
Crittenden,  in  5  Opinions,  630,  wherein  he  held  to  the  doc- 
trine of  his  predecessor,  (Reverdy  Johnson,  page  87  of  same 
volume,)  "  that  the  decision  pf  a  head  of  a  department  di- 
recting payment  of  a  particular  claim  is  binding  upon  all 
the  subordinate  officers  by  whom  the  same  is  to  be  audited 
and  passed." 

This  was,  however,  under  a  different  state  of  the  law  from 
that  which  now  exists.  The  provision  of  the  Revised  Stat- 
utes in  section  191,  before  cited,  which  was  compiled  from 
section  1,  act  of  March  30,  1868,  would  seem  to  settle  any 
doubt,  and  to  declare,  in  as  clear  and  explicit  language  as 
can  be  framed,  a  rule  of  practice  directly  the  opposite 
of  the  doctrine  before  laid  down  by  these  officers.  Al- 
though under  that  statute  the  head  of  a  department  may 
not  alter  or  modify  a  balance  found  by  the  accounting  offi- 
cers, he  may  still  withhold  his  warrant  or  requisition,  and 
certify  to  the  Comptroller  any  facts  in  his  judgment  affect- 
ing the  correctness  of  such  balance.  Thus,  the  question  as 
to  the  restraint  which  the  head  of  the  department  may 
exercise  upon  the  accounting  officer,  would  seem  to  be  still 
an  open  one,  and  not  free  from  doubt.  Of  course  this  re- 
straint operates  only  in  favor  of  the  United  States.  He  is, 
nevertheless,  still  powerless  to  direct  a  credit  to  an  officer*s 
account,  or  the  finding  of  an  amount  due  against  the  judg- 
ment and  action  of  the  accounting  officer.  (See  5  Nott 
&  Hun.,  p.  65.) 

4:0.  The  head  of  each  department  is  required  to  report 
annually  to  Congress,  in  detail,  the  manner  in  which  the 
contingent  fund  for  his  department  and  the  bureaus  and 
offices  thereof  has  been  expended,  giving  the  names  of  per- 
sons to  whom  payments  have  been  made  therefrom,  the 
quantity  and  price  of  anything  furnished,  the  nature  of  any 
service  rendered  and  paid  for,  the  time  employed,  and  the 


THE   DEPARTMENTS   GENERALLY.  23 

particular  occasion  or  cause  that  rendered  such  service  nec- 
essary, and  the  amount  of  former  appropriations  on  hand, 
either  in  the  Treasury  or  in  the  hands  of  disbursing  officers  or 
agents.  It  is  his  duty  to  require  of  such  officers  the  return 
of  precise  and  analytical  statements  of  and  receipts  for 
moneys  expended  by  them  during  the  next  preceding  year, 
and  to  communicate  the  results  of  such  returns  to  Congress. 
(R.  S.,  §  193.) 

41.  He  is  required  also  to  make  an  annual  report  to 
Congress  of  the  names  of  clerks  and  employees  of  his 
department,  stating  the  time  that  each  was  actually  em- 
ployed and  the  sums  paid  to  each ;  also  whether  they  have 
been  usefully  employed,  and  whether  the  services  of  any 
can  be  dispensed  with  without  detriment  to  the  public  serv- 
ice ;  also  whether  the  removal  of  anjr  and  the  appointment 
of  others  in  their  places  are  required  for  the  better  dispatch 
of  business.  He  is  required  also,  as  soon  as  practicable 
after  the  last  day  in  September  in  each  year  in  which  a 
new  Congress  is  to  assemble,  to  cause  to  be  filed  in  the 
Department  of  the  Interior  a  full  and  complete  list  of  all 
officers,  agents,  clerks,  and  employees  employed  in  his 
department,  with  all  statistics  peculiar  to  his  department 
required  to  enable  the  Secretary  of  the  Interior  to  prepare 
the  Biennial  Register.     (R.  S.,  §§  194,  198.) 

4^.  The  head  of  each  department,  with  the  exception 
of  the  Department  of  Justice,  is  required  to  furnish  to  the 
Congressional  Printer  copies  of  the  documents  usually  ac- 
companying his  Department  Annual  Report  on  or  before 
the  first  day  of  November  in  each  year,  and  a  copy  of  his 
annual  report  on  or  before  the  third  Monday  of  November 
in  each  year.     (R.  S.,  §  196.) 

43*  In  case  of  a  proposed  expenditure  of  public  money 
upon  any  land  purchased  for  the  purpose  of  erecting  thereon 
any  armory,  arsenal,  fort,  foitification,  navy-yard,  custom- 


24  THE  EXECUTIVE  DEPARTMENTS. 

house,  light-house,  or  other  public  building,  the  respective 
heads  of  the  departments  interested  are  directed  by  law  to 
procure,  upon  application  of  the  Attorney-G-eneral,  whose 
opinion  as  to  the  validity  of  the  title  is  required  to  be  given, 
any  additional  evidence  of  title  which  he  may  deem  neces- 
sary, and  which  may  not  be  in  the  possession  of  the  officers 
of  the  Government ;  the  expense  of  procuring  it  to  be  paid 
out  of  the  contingent  fund  of  the  departments  respectively. 
(R.  S.,  §  355.) 

44:.  The  head  of  any  executive  department  may  require 
the  opinion  of  the  Attorney-Gleneral  on  any  questions  of 
law  arising  in  the  administration  of  his  department.  (R. 
S.,  §356.) 

4t5,  Copies  of  any  books,  records,  papers,  or  documents 
in  any  of  the  executive  departments,  authenticated  under 
the  seals  of  such  departments  respectively,  are  entitled  to 
be  admitted  in  evidence  equally  with  the  originals  thereof- 
(R.  S.,  §  882.) 

46,  Whenever  any  claim  is  made  against  an  executive 
department  involving  disputed  facts  or  controverted  ques- 
tions of  law,  and  the  amount  in  controversy  exceeds  three 
thousand  dollars ;  or  where  the  decision  will  affect  a  class 
or  furnish  a  precedent  for  future  action  in  the  adjustment 
of  a  class  of  cases,  without  regard  to  the  sum  involved  in  a 
particular  case ;  or  when  any  authority,  right,  privilege,  or 
exemption  is  claimed  or  denied  under  the  Constitution,  the 
head  of  such  department  may  cause  such  claim,  with  all  the 
vouchers,  papers,  proofs,  and  documents  pertaining  thereto, 
to  be  transmitted  to  the  Court  of  Claims.  And  the  law 
requires  that  the  same  shall  be  there  proceeded  in  as  if 
originally  commenced  by  the  voluntary  action  of  the  claim- 
ant ;  provided  that  no  case  shall  be  referred  by  the  head 
of  a  department,  unless  it  belongs  to  one  of  the  several 
classes  of  cases  which,  by  reason  of  the  subject-matter  and 


THE  DEPARTMENTS  GENERALLY.         25   * 

character,  the  said  court  might,  under  existing  laws,  take 
jurisdiction  of  on  such  voluntary  action  of  the  claimant. 
(R.  S.,  1063.  See  Delaware  River  S.  B.  Co.  v.  United 
States,  5  Nott  &  Hun.,  p.  55.) 

4:7,  The  head  of  a  department  may  refuse  and  omit  to 
comply  with  any  call  of  the  Court  of  Claims  for  informa- 
tion or  papers,  when*in  his  opinion  a  compliance  would  be 
injurious  to  the  public  interests.     (R.  S.,  §  1076.) 

48.  The  head  of  any  department  may  employ  special 
agents  charged  with  the  disbursement  of  public  moneys, 
who  are  required  to  give  bond  subject  to  his  approval.  (R. 
S.,  §  3614.) 

49.  The  heads  of  departments,  in  communicating  esti- 
mates of  expenditures  and  appropriations  to  Congress  or 
to  anv  committee  th^'eef,  are  required  to  specify  as  nearly 
as  may  be  convenient  the  sources  from  which  such  esti- 
mates are  derived,  and  the  calculations  upon  which  they 
are  founded;  and  they  are  required  to  discriminate  be- 
tween such  estimates  as  are  conjectural  in  their  character, 
and  such  as  are  framed  upon  actual' information  and  ap- 
plications from  disbursing  officers.  They  are  required 
also  to  give  references  to  any  law  or  treaty  by  which  the 
proposed  expenditures  are  respectively  authorized,  speci- 
fying the  date  of  each,  and  the  page  of  the  statutes  and 
the  section  thereof  in  which  the  authority  is  to  be  found. 
In  such  estimates  they  are  required  to  include  such  sums 
as  may  seem  to  them  necessary  for  printing  and  binding, 
to  be  executed  under  the  direction  of  the  Congressional 
Printer.  When  in  such  estimates  an  appropriation  is 
asked  for  the  erection  of  a  public  building,  or  for  the  con- 
struction of  any  public  work  requiring  a  plan  before  the 
same  may  be  completed,  such  estimates  must  be  accompa- 
nied* by  a  full  plan,  and  by  detailed  estimates  of  the  cost 
of  the  whole  work.    All  subsequent  estimates  must  state 


ZO  THE  EXECUTIVE  DEPARTMENTS. 

the  original  estimated  cost,  the  aggregate  theretofore  ap« 
propriated,  the  amount  actually  expended  on  the  work,  as 
well  as  the  amount  asked  for  the  current  year  for  which  the 
appropriation  is  proposed  to  be  made.  They  are  required 
also  to  accompany  their  estimates  by  minute  and  full  expla- 
nations of  the  reasons  for  a  variance  materially  in  amount 
from  the  appropriations  ordinarily  made  for  the  object 
named,  or  for  the  introduction  of  new  items  and  objects  of 
expenditure.  They  are  required  also  to  designate,  besides 
the  amount  required  to  be  appropriated  for  the  next  fisc^ 
year,  the  amount  of  the  outstanding  appropriation,  if  any, 
which  will  probably  be  required  for  each  particular  item 
of  expenditure.  (R.  S.,  §§  3660,  3661,  3663,  3664,  3665.) 
All  annual  estimates  are  required  to  be  submitted  to  Con- 
gress through  the  Secretary  of  the  Treasury,  and  to  be  in- 
cluded in  that  officer's  book  of  estimates.     (R.  S.,  §  3669.) 

^O*  The  departments  are  respectively  prohibited  by  law 
from  expending  in  any  one  fiscal  year  any  sum  in  excess 
of  appropriations  made  by  Congress  for  that  year,  and  from 
involving  the  Government  in  any  contract  for  the  future 
payment  of  money  in  excess  of  such  appropriations.  And 
all  sums  appropriated  are  required  to  be  applied  solely  to 
the  objects  for  which  the  appropriations  are  made,  and  to 
no  other  purpose.    (R.  S.,  §§  3678,  3679.) 

51,  All  purchases  of  and  contracts  for  supplies  or  serV" 
ices  in  any  of  the  departments,  except  contracts  for  per- 
sonal services,  are  required  to  be  made  after  advertising  a 
sufficient  time  previously  for  proposals  respecting  the  same, 
when  the  public  exigency  does  not  require  the  immediate 
delivery  of  the  articles  or  performance  of  the  service ;  in 
which  case  they  may  be  obtained  by*  open  purchase  or  con- 
tract at  the  places  and  in  the  manner  in  which  such  articles 
are  usually  bought  and  sold,  or  such  services  are  engaged, 
as  between  individuals.    (R.  S.,  §  3709.) 


THE   DEPARTMENTS   GENERALLY.  2-7 

SfS*  It  is  unlawful  for  any  of  the  executive  departments 
to  make  contracts  for  stationery  or  other  supplies  for  a 
longer  term  than  one  year  from  the  time  the  contract  is 
made.     (E.  S.,  §  3735.) 

53.  All  printing,  binding,  and  blank  books  for  the  Ex- 
ecutive and  Judicial  Departments  are,  except  as  otherwise 
provided  by  law,  required  to  be  done  at  the  Grovernment 
printing-office ;  and  no  advertisement,  notice,  or  proposal 
for  any  executive  department  or  office  thereof  may  be 
published  in  any  newspaper  whatever,  except  in  pursuance 
of  a  written  authority  for  such  publication  from  the  head 
of  such  department ;  and  no  bill  for  the  same  can  be  paid, 
according  to  law,  unless  there  be  presented  with  such  bill 
a  copy  of  the  written  authority.    (R.  S.,  §§  37«6,  3828.) 

Moneys  appropriated  for  contingent,  incidental,  or  mis- 
cellaneous purposes,  are  not  to  be  expended  or  paid  for 
official  or  clerical  compensation.     (E.  S.,  §  3682.) 

Any  officer  of  the  Government  who  knov/ingly  contracts 
for  the  erection,  repair,  or  furnishing  of  any  public  build- 
ing, or  for  any  public  improvement,  to  pay  a  larger  amount 
than  the  specific  sum  appropriated  for  such  purpose,  is  sub- 
ject by  law  to  punishment  by  imprisonment  for  not  less 
than  six  months  nor  more  than  two  years,  and  to  the  pay- 
ment of  a  fine  of  two  thousand  dollars.     (E.  S.,  §  5503.) 

^4.  The  heads  of  the  several  departments  are  required 
to  cause  to  be  rendered  all  necessary  and  practicable  aid 
to  the  Commissioner  of  Fish  and  Fisheries  in  the  prosecu- 
tion of  his  investigations  and  inquiries.     (E.  S.,  §  4397.) 


THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  ni. 

THE   DEPABTMENT   OF   STATE. 

S5»  This  department  takes  precedence  of  each  of  the 
other  executive  departments  by  reason  of  its  earlier  crea- 
tion. Under  this  name,  it  was  provided  for  by  act  of 
Congress  of  July  27,  1789.  It  had  existed  previously, 
however,  under  the  designation  of  the  Department  of  For- 
eign Affairs. 

The  head  of  the  department  is  the  Secretary  of  State, 
with  whom  are  immediately  associated  three  officers,  de- 
nominated respectively  as  follows :  The  Assistant  Secretary 
of  State,  the  Second  Assistant  Secretary  of  State,  and  the 
Third  Assistant  Secretary  of  State. 

The  officers  subordinate  to  these  are  an  Examiner  of 
Claims,  (who  is  the  solicitor  of  the  department.)  the  Chief 
Clerk,  and  four  Chiefs  of  the  following-named  bureaus : 

The  Consular  Bureau. 

The  Diplomatic  Bureau. 

The  Bureau  of  Accounts. 

The  Bureau  of  Indexes  and  Archives. 

Following  these  are  the  clerks  of  the  different  classes, 
in  number  as  provided  by  the  appropriation  acts  of  Con- 
gress. These  clerks  are  distributed  to  the  several  bureaus 
mentioned,  and  are  otherwise  engaged  in  the  work  of  the 
department. 

I.  The  Secretaby  of  State. 

tSO.  It  is  prescribed  by  the  statutes  that  the  Secretary  of 
State  shall  perform  such  duties  as  shall  from  time  to  time 


THE   DEPARTMENT   OF   STATE.  29 

be  enjoined  on  or  intrusted  to  him  by  the  President,  rel- 
ative to  correspondence,  commissions,  or  instructions  with 
or  to  public  ministers  or  consuls  from  the  United  States ; 
or  to  negotiations  with  public  ministers  from  foreign  States 
or  princes ;  or  to  memorials  or  other  applications  from  for- 
eign public  ministers  or  other  foreigners ;  or  to  such  other 
matters'  respecting  foreign  affairs  as  the  President  shall 
assign  to  the  department ;  also  that  he  shall  conduct  the 
business  of  the  department  in  such  manner  as  the  Presi- 
dent shall  du-ect.  (R.  S.,  §  202.) 
^  S7,  He  has  by  law  the  custody  and  charge  of  the  seal  of 
the  United  States,  as  well  as  of  the  seal  of  the  Department 
of  State,  and  of  the  books,  records,  papers,  and  property 
appertaining  to  that  department ;  and  is  required  to  affix 
the  seal  of  the  United  States  to  civil  commissions  for  offi- 
cers of  the  United  States  appointed  by  the  President.  (R. 
S.,  §§  203,  1794.) 

58.  He  is  to  receive  any  bill,  order,  resolution,  or  vote 
of  Congress  which  may  become  a  law,  and,  as  soon  as 
conveniently  may  be,  cause  the  same  to  be  published  in 
at  least  three  public  newspapers  printed  within  the  United 
States,  and  a  printed  copy  of  such  law  to  be  delivered  to 
each  Senator  and  Representative  of  the  United  States,  and 
two  printed  copies  duly  authenticated  to  be  sent  to  the 
Executive  authority  of  each  State ;  and  he  is  required  to 
carefully  preserve  the  originals.  ( R.  S.,  §  204 ;  act  Dec. 
28,  1874,  Stats.  18,  p.  294.) 

59.  He  is  charged  with  the  duty  of  causing  the  prepara- 
tion for  printing,  publishing,  and  distribi^ion  of  the  Revised 
Statutes  of  the  United  States  in  a  prescribed  form,  embrac- 
ing head  notes  of  the  several  titles  and  chapters,  marginal 
notes  referring  to  the  statutes  from  which  each  section  is 
compiled,  references  to  decisions  of  courts,  &c.  He  is 
charged  also  with  the  preparation,  publication,  and  distri- 


80  THE  EXECUTIVE  DEPARTMENTS. 

bution  of  the  laws  passed  at  each  session  of  Congress,  and 
with  the  making  of  arrangements  with  booksellers  for  the 
sale  to  the  public  of  the  Revised  Statutes  at  the  Govern- 
ment price ;  and  with  the  allowance  to  such  booksellers 
such  part  of  ten  per  cent,  above  the  actual  cost  as  he  may 
deem  just  and  reasonable.     (Stats.  18,  pp.  113,  329.) 

©©.  When  any  amendment  proposed  to  the  Constitution 
of  the  United  States  has  been  adopted  in  accordance  with 
the  provisions  of  that  instrument,  and  official  notice  has 
been  received,  he  is  required  forthwith  to  cause  t^e  amend- 
ment to  be  published,  with  his  certificate  specifying  the 
States  by  which  the  same  has  been  adopted,  and  declaring 
that  the  same  has  become  valid  as  a  part  of  the  Constitu- 
tion of  the  United  States.    (R.  S.,  §  205.) 

61.  He  is  required  to  lay  before  Congress  within  ten 
days  after  each  regular  session  a  statement  containing  an 
abstract  of  all  returns  made  to  him  pm-suant  to  law  by  the 
collectors  of  the  different  ports,  of  the  seamen  registered 
by  them,  together  with  an  account  of  such  impressments 
and  detentions  as  shall  appear  by  the  protests  of  the  mas- 
ters to  have  taken  place.  (R.  S.,  §  207.) 
V    6S,  He  is  required  to  lay  before  Congress  annually — 

1st.  A  statement,  in  a  compendious  form,  of  all  such 
changes  and  modifications  in  the  commercial  systems  of 
other  nations,  whether  by  treaties,  duties  on  imports  and 
exports,  or  other  regulations,  as  shall  have  been  com- 
municated to  his  department,  including  all  commercial 
iivformation  contained  in  the  official  publications  of  other 
governments  whi^  he  shall  deem  of  sufficient  import- 
ance. 

^d.  A  synopsis  of  so  much  of  the  information  which  may 
have  been  communicated  to  him  by  diplomatic  and  consu- 
lar officers  during  the  preceding  year  as  he  may  deem  valu- 
able for  public  information,  specifying  the  names  of  any 


THE   DEPARTMENT   OF   STATE.  31 

consuls  or  commercial  agents  who  may  have  been  remiss 
in  transmitting  commercial  information. 

3d.  A  full  list  of  all  consular  officers. 

4th.  A  report  of  any  rates  or  tariffs  of  fees  to  be  received 
by  diplomatic  or  consular  officers  which  may  have  been 
prescribed  by  the  President  during  the  year  preceding. 

5th.  A  statement  of  such  fees  as  may  have  been  collected, 
accounted  for,  and  reported  by  the  various  diplomatic  and 
consular  officers  during  the  preceding  year. 

6th.  A  statement  of  the  lists  of  passengers  arriving  in 
the  United  States  from  foreign  places,  returned  to  him 
quarter-yearly  by  the  collectors  of  customs. 

7th.  A  statement  of  the  names  of  any  consular  officers 
not  citizens  of  the  United  States  to  whom  salaries  have 
been  paid  during  the  year  preceding,  exhibiting  the  cir- 
cumstances under  which  they  were  appointed.  (K.  S.,  § 
208.) 

63,  He  must  include  in  his  annual  statement  of  expend- 
itures from  the  contingent  fund  of  his  department  all  con- 
tingent expenses  of  foreign  intercourse  and  of  all  the  mis- 
sions abroad,  except  such  expenditures  as  are  settled  upon 
the  certificate  of  the  President.     (R.  S.,  §  209.) 

04:,  He  is  required  to  furnish  to  the  Congressional  Print- 
er a  correct  copy  of  every  act  and  joint  resolution  as  soon 
as  possible  after  it  has  become  a  law ;  also  of  every  treaty 
between  the  United  States  and  any  foreign  government, 
as  soon  as  possible  after  it  has  been  duly  ratified  and  pro- 
claimed by  the  President ;  and  also  of  every  postal  con- 
vention made  between  the  Postmaster-Greneral,  by  and  with 
the  advice  of  the  President,  on  the  part  of  the  United 
States,  and  foreign  countries,  as  soon  as  possible  after 
copies  of  such  conventions  have  been  transmitted  to  him 
by  the  Postmaster-aeneral.     (R.  S.,  §§  210,  3803.) 

O^*  He  is  required  to  publish  official  notifications  from 


32  THE  EXECUTIVE  DEPARTMENTS. 

time  to  time  of  such  commercial  information  communi- 
cated to  him  by  diplomatic  and  consular  officers  as  he  may 
deem  important  to  the  public  interests,  in  such  newspapers, 
not  to  exceed  three  in  number,  as  he  may  select.  (R.  S., 
§  211.) 

He  may  designate  a  newspaper  in  the  District  of  Colum- 
bia in  which  all  Executive  proclamations  and  all  treaties 
required  by  law  to  be  published  shall  be  published.  (Act 
July  31,  1876,  Stats.  19,  p.  10.5.) 

66.  He  is  empowered  to  grant  and  issue  passports,  and 
cause  passports  to  be  issued  and  verified  in  foreign  coun- 
tries by  such  diplomatic  or  consular  officers  of  the  United 
States,  and  under  such  rules,  as  the  President  shall  pre- 
scribe.   (R.  S.,  §§  212,  4075.) 

67.  The  official  bonds  of  every  consul-general,  consul, 
vice-consul,  and  commercial  agent,  executed  in  such  form 
and  on  such  conditions  as  the  law  prescribes,  are  subject 
to  his  approval.  (R.  S.,  §  1697 ;  act  June  11,  1874,  Stats. 
18,  p.  67.) 

68.  He  may  empower  the  consuls  of  the  United  States 
to  pay  the  foreign  postage  on  such  letters  destined  for  the 
United  States  as  may  be  detained  at  foreign  ports  for  non- 
payment of  postage.    (R.  S.,  §  4014.) 

69.  The  Secretary  of  State,  through  the  minister  resi- 
dent at  Japan,  is  authorized  to  rent,  furnish,  and  keep  suit- 
able buildings,  with  grounds  appurtenant,  in  Jeddo,  or  such 
other  place  as  he  may  designate,  for  a  court-house  and  jail, 
at  an  annual  cost  not  exceeding  five  thousand  dollars ;  pro- 
vided that  the  period  for  which  the  building  shall  be  rented 
shall  be  for  two  years,  with  renewals  for  two  years,  as  he 
may  determine.     (R.  S.,  §  4124.) 

70.  He  is  also  authorized  to  rent,  furnish,  and  keep  suit- 
able buildings,  with  grounds  appurtenant,  at  Peking  for  the 
use  of  the  legation  at  China,  at  an  annual  cost  not  exceed- 


THE  DEPAETMENT  OF  STATE.  33 

ing  five  thousand  dollars,  such  lease  to  be  for  two  or  more 
years,  renewable  as  he  shall  determine.  (Act  March  3, 
1875,  Stats.  18,  p.  377.) 

71.  Certain  judicial  functions  imposed  upon  the  minis- 
ters of  the  United  States  in  certain  uncivilized  countries, 
such  as  China,  Japan,  Siam,  Egypt,  Madagascar,  Turkey, 
Persia,  Tripoli,  Tunis,  Morocco,  and  Muscat,  devolve,  when 
there  is  no  such  minister,  upon  the  Secretary  of  State. 
(R.  S.,  §  4128.) 
f  72,  Upon  a  requisition  of  the  proper  authority  of  any 
■  foreign  government  for  the  extradition  of  a  person  charged 
with  crime  provided  for  by  any  treaty  or  convention  with 
such  government,  and  on  the  submission  to  him  of  the  cer- 
tificate of  the  United  States  judge  before  whom  an  examin- 
ation has  been  had  that  he  deems  the  evidence  sufficient  to 
sustain  the  charge,  together  with  a  copy  of  the  evidence, 
the  Secretary  of  State  is  required  to  issue  a  warrant  for  the 
commitment  to  the  proper  jail  of  the  person  so  charged. 
And  it  is  lawful  for  the  Secretary,  under  his  hand  and  seal 
of  office,  to  order  the  person  so  committed  to  be  delivered 
to  the  proper  authority,  in  the  name  and  on  behalf  of  such 
foreign  government,  pursuant  to  the  treaty  therewith.  (R. 
S.,  §§  5270,  5272.) 

73.  The  Secretary  of  State  is  authorized  to  allow  and 
pay  to  the  secretary  of  legation,  the  assistant  secretary  of 
legation,  and  messenger  at  Paris,  from  the  moneys  collected 
at  the  legation  for  the  transmission  of  consular  invoices,  an 
amount  not  to  exceed  in  the  aggregate  six  hundred  dollars 
in  any  one  year,  to  be. divided  and  distributed  according 
to  his  discretion;  provided  that  the  surplus  receipts  are 
sufficient  for  that  purpose.  (Act  June  11,  1874,  Stats.  18, 
p.  67.) 

74.  It  is  made  his  duty  to  establish  and  maintain  the 
maximum  amount  of  time  actually  necessary  to  make  the 


34  THE  EXECUTIVE  DEPARTMENTS. 

transit  between  each  diplomatic  and  consular  post  and  the 
city  of  Washington,  and  vice  versa,  and  to  make  his  decis- 
ion public  in  respect  of  the  same,  to  the  end  that  the  allow- 
ance for  time  actually  and  necessarily  occupied  by  each 
diplomatic  and  consular  officer  entitled  to  allowance  may 
be  thereby  determined.  (Act  June  11,  1874,  §  4 ;  Stats.  18, 
p.  70.) 

TS,  He  is  empowered  by  law  to  prescribe  duties  for  the 
assistant  secretaries ;  for  the  solicitor  of  his  department,  so 
as  not  to  interfere  with  such  solicitor's  duties  as  an  officer  of 
the  Department  of  Justice  ;  for  the  clerks  of  bureaus,  and 
for  all  other  employees  in  his  department.  And  he  may 
make  changes  and  transfers  therein  when  in  his  judgment 
it  becomes  necessary.  (Act  June  11,  1874,  Stats.  18,  p. 
90.) 

76.  This  summary  constitutes  the  powers  and  duties  de- 
volving upon  the  Secretary  of  State,  in  general,  as  laid  down 
in  the  statutes  of  the  United  States.  They  comprehend 
every  detail  necessary  to  a  proper  oversight  and  conduct  of 
our  foreign  relations. 

77,  The  officers  under  charge  of  the  Department  of 
State  in  foreign  countries  are  divided  into  the  Diplomatic 
and  Consular  service. 

T8.  The  diplomatic  officers  include  envoys  extraordi- 
nary and  ministers  plenipotentiary,  ministers  resident,  com- 
missioners, agents,  charges  d'affaires,  and  secretaries  of 
legation,  viz^: 

Envoys  extraordinary  and  ministers  plenipotentiaries  to 
(Oreat  Britain,  Germany,  France,  Russia,  Austria,  Brazil, 
China,  Italy,  Japan,  Mexico,  Spain,  Chili,  and  Peru. 

Ministers. resident  at  Guatemala,  Costa  Rica,  Honduras, 
Salvador  and  Nicaragua,  Belgium,  Netherlands,  Sweden 
,^nd  Norway,  Turkey,  Ecuador,  Colombia,  Hawaiian  Islands, 
^enjezuela,  Argentine  Republic. 


THE  DEPARTMENT  OF  STATE.  35 

Ministers  resident  and  consuls-general  at  Hayti,  Liberia, 
and  Bolivia. 

Charges  d'affaires  at  Denmark,  Greece,  Switzerland,  Por- 
tugal, and  Paraguay  and  Uruguay. 

Secretaries  of  legation  at  London,  Berlin,  Paris,  St.  Peters- 
burg, Japan,  Austria,  Brazil,  Italy,  Mexico,  and  China. 

Second  secretaries  of  legation  at  Great  ^^ritain,  France, 
and  Germany. 

Interpreters  for  the  legations  at  China,  Turkey,  and  Ja- 
pan. 

79.  The  consular  officers  are  designated  consuls-gen- 
eral, consuls,  vice-consuls,  commercial  agents,  and  consular 
clerks. 

Consulates-general  are  by  law  established  at  London, 
Paris,  Berlin,  Vienna,  Frankfort-on-the-Main,  Rome,  Con- 
stantinople, Cairo,  Calcutta,  Shanghai,  Melbom'ne,  Mexico, 
Kanagawa,  St.  Petersburg,  Rio  de  Janeiro,  Havana,  Mont- 
real. 

The  consuls-general  at  these  places  exercise  a  supervision 
over  the  subordinate  consulates  within  their  respective  juris- 
dictions ;  while  at  the  same  time  they  exercise  the  ordinary 
duties  of  a  consul.  The  consuls  are  of  three  classes :  those 
who  are  not  allowed  to  engage  in  business  and  receive 
fixed  salaries,  those  who  receive  fixed  salaries  and  are 
permitted  to  seek  other  employment,  and  those  who  are 
entitled  to  the  fees  of  the  office  and  are  also  allowed  to 
transact  business. 

80,  These  officers  are  guided  in  their  functions  and 
duties  by  regulations  promulgated  by  the  President  in 
accordance  with  the  provisions  of  the  statutes.  These 
regulations,  with  blanks  of  the  forms  to  be  used  in  the 
transaction  of  official  business,  are  embodied  in  a  printed 
compilation  of  about  five  hundred  pages  isSued  by  the  De- 
partment of  State  September  1,  1874. 


36  THE  EXECUTIVE  DEPARTMENTS. 

The  Assistants. 

81.  The  statutes  do  not  prescribe  the  duties  of  the  three 
assistants  to  the  Secretary  of  State.  They  give  their  atten- 
tion, however,  to  such  matters  as  are  assigned  them  by  their 
superior. 

These  duties,  as  so  assigned,  consist  of  a  general  super- 
vision of  correspondence  with  diplomatic  and  consular 
officers  of  the  United  States  abroad,  and  with  the  represen- 
tatives of  foreign  governments  accredited  to  this  country. 
This  correspondence,  as  well  as  all  other  relating  to  the- 
several  countries  with  which  we  have  diplomatic  relations 
and  to  the  consulates  therein,  is  divided  into  three  classes, 
designated  by  the  letters  A,  B,  and  C,  according  to  a  distri- 
bution made  of  the  same  to  divisions  of  a  corresponding 
designation  in  the  consular  and  diplomatic  bureaus  respec- 
tively. 

The  correspondence  embraced  in  class  A  is  under  the 
supervision  of  the  Assistant  Secretary  of  State,  and  relates 
to  France,  Grermany,  and  Great  Britain. 

That  assigned  to  the  supervision  of  the  Second  Assistant 
is  included  in  class  B,  and  relates  to  the  Argentine  Repub- 
lic, Austria,  Belgium,  Brazil,  Chili,  Denmark,  Greece,  Italy, 
Netherlands,  Paraguay,  Peru,  Portugal,  Russia,  Spain,  Swe- 
den and  Norway,  Switzerland,  and  Uruguay. 

That  assigned  to  the  Third  Assistant  is  included  in  class 
C,  and  relates  to  the  Barbary  States,  Bolivia,  Central  Amer- 
ica, Colombia,  China,  Ecuador,  Egypt ;  Friendly,  Navigators, 
Hawaiian,  Fiji^and  Society  Islands ;  Hayti,  Japan,  Liberia, 
Madagascar,  Mexico,  Muscat,  San  Domingo,  Siam,  Turkey, 
Venezuela,  and  countries  otherwise  unassigned. 


THE   DEPARTMENT   OF   STATE.  37 

The  Chief  Clerk. 

This  officer  has  general  supervison  of  the  clerks  of  the 
department,  and  directs  the  distribution,  method,  and  dis- 
patch of  business.  His  duties  pertain  to  numerous  details 
which  cannot  be  well  particularized  here.  It  is  sufficient 
to  say  that  they  are  of  the  same  general  character  as  those 
devolving  upon  other  chief  clerks  as  provided  by  law,  and 
explained  in  the  previous  chapter  of  this  work  under  the 
title  of  the  Executive  Departments  Generally. 

The  business  of  the  department  is  further  distributed, 
according  to  law  or  by  assignment,  to  the  following  bureaus 
and  divisions : 

II.  CoNsui/AR  Bureau. 

82.  This  bureau,  under  direction  of  a  chief  as  denomina- 
ted by  statute,  has  charge  of  correspondence  with  consular 
officers  and  of  miscellaneous  correspondence  relating  to 
consulates. 

It  has  three  subdivisions,  designated  by  the  letters  A,  B, 
and  C,  each  under  the  immediate  charge  of  a  head,  whose 
duties  pertain  to  correspondence  with  and  relating  to  con- 
sular officers  and  consulates  in  the  dominions  respectively 
enumerated  in  those  classes.  The  countries  so  enumerated 
and  the  class  to  which  they  belong  are  specified  in  the  pre- 
ceding section,  relating  to  the  duties  of  the  assistants  of  the 
Secretary  of  State. 

83.  Consular  officers  are  required  by  regulation  to 
make  reports  from  time  to  time  to  the  Secretary  of  State, 
containing  full  and  authentic  commercial  information  re- 
specting the  communities  in  which  they  reside,  embracing 
statements  of  all  changes  in  the  commercial  systems  of  the 
governments  to  which  they  are  accredited,  copies  of  all 
commercial  treaties,  regulations,  light-house  notices,  rev- 


38  THE  EXECUTIVE  DEPARTMENTS. 

enue  laws,  acts  and  regulations  respecting  warehouses,  ton- 
nage duties  and  port  dues,  all  tariffs  and*  all  enactments, 
decrees,  royal  orders,  or  proclamations  which  in  any  man- 
ner affect  the  commercial,  agricultural,  mining,  or  other 
important  interests  of  the  United  States. 

84.  They  are  required  to  report  annually  on  the  trade 
of  the  consular  districts  in  which  they  respectively  reside, 
specifying  the  articles  of  import  and  export,  the  countries 
which  supply  the  former  and  receive  the  latter,  the  com- 
parative increase  or  decrease  in  the  amounts  of  the  same, 
and  the  causes  in  both  cases ;  the  average  market  price 
within  the  year  of  the  staples  of  export  and  import,  and  the 
average  rates  of  freight  to  the  United  States.  In  such  re- 
port they  are  required  to  designate  articles  the  importation 
of  which  into  their  consulates  is  prohibited  ;  also  all  privi- 
leges of  importation  as  regards  any  articles  and  any  restric- 
tions there  may  be,  and  to  state  to  what  vessels  they  apply. 
They  are  required  to  report  all  tonnage  and  port  dues ;  all 
warehouse  and  sanitary  regulations,  and  those  relating  ta 
the  entry  and  clearance  of  vessels ;  all  matters  regarding 
the  employment  of  the  capital  of  our  citizens  in  industrial, 
agricultural,  scientific,  and  commercial  pm-suits.  They  are 
required  to  transmit  statements  touching  the  consumption 
of  the  staple  products  of  the  United  States  as  well  as  of 
other  countries,  the  amount  of  those  articles  imported  into 
their  districts  in  United  States  vessels,  and  the  amount  of 
foreign  tonnage  employed  in  such  trade,  and  of  other  mat- 
ters, to  enable  the  Secretary  of  State  to  prepare  for  Con- 
gress annually  a  report  on  the  commercial  relations  of  the 
United  States,  as  required  of  him  by  law. 

85.  These  reports  from  the  consular  officers  are  clas^ 
sified  by  countries,  published  bodily  for  the  information  of 
Congress,  and  contain  a  mass  of  statistics,  observations, 
and  information  of  great  interest  and  value  to  our  people. 


a?HB  DEPARTMENT   OF  STATE.  89 

m.  Diplomatic  Bureau. 

86.  This  bureau  is  similar  in  its  organization  to  the  one 
just  mentioned.  It  conducts  correspondence  with  and  rel- 
ative to  our  diplomatic  representatives.  The  several  sub- 
divisions of  correspondence  correspond  with  the  classifi- 
cation referred  to  under  the  head  of  Consular  Bureau. 

87.  This  correspondence  pertains  to  all  subjects  relat- 
ing to  our  relations  with  foreign  governments,  and*all  mat- 
ters of  information  regarding  domestic  affairs  which  should 
be  communicated  to  our  representatives  abroad.  It  also 
embodies  whatever  communication  on  foreign  affairs  our 
own  Grovernment  may  desire  to  make  through  our  diplomatic 
ministers  with  foreign  governments.  The  reports  and  com- 
munications of  those  ministers  to  the  Secretary  of  State 
form  an  interchange  of  correspondence  which  is  annually 
submitted  by  that  officer  to  Congr^  for  information  as  to 
the  state  of  our  foreign  relations^ 

T^.  Bureau  OP  Accounts. 

88.  The  chief  of  this  bureau  bears  a  relation  to  the  De- 
partment of  State  of  the  same  nature  as  that  borne  by  the 
disbursing  clerks  to  their  respective  departments^ 

89.  Under  direction  of  the  Secretary  of  State  he  dis- 
burses the  appropriations  made  for  payment  of  the  expenses 
of  Jthe  department,  embracing  compensation  of  the  Secre- 
tary, assistants,  and  all  the  officers,  clerks,  messengers,  and 
laborers ;  also  for  the  contingencies  of  the  department,  such 
as  fuel,  repairs,  and  fumitm-e  ;  for  stationery,  books,  extra 
clerk  hire,  the  editing,  furnishing,  publishing,  and  distribu- 
tion of  the  laws  of  the  United  States,  and  for  other  objects 
of  expenditiu:e  for  the  department  proper.  He  has  also  the 
custody  of  indemnity  funds  and  bonds  deposited  in  trust,  and 
the  care  of  the  building  and  property  of  the  department. 
In  these  duties  he  is  assisted  by  the  several  clerks  assigned- 


40  THE   EXECUTIVE   DEPARTMENTS. 

to  duty  in  this  bureau.  The  regulations  of  the  department 
require  from  this  bureau  periodical  reports  to  the  Secretary- 
showing  the  exact  condition  of  each  appropriation  and  ac- 
count on  the  first  day  of  each  month,  stating  particularly 
the  amount  appropriated,  the  statute  making  the  appro- 
priation, the  amount  of  the  appropriation  remaining  in  the 
Treasury,  amount  drawn  during  the  month,  amount  of  such 
draft  renjaining  unexpended,  amount  expended  during  the 
preceding  month,  and  the  place  of  deposit  of  moneys  re- 
maining on  hand.  Also  a  report  respecting  any  trust  or 
other  funds  in  his  custody  or  control,  stating  the  date  of 
receipt,  the  origin  of  the  fund,  the  original  amount,  the 
amount  of  interest  received  and  date  of  receipt,  the  present 
amount  of  the  fund,  the  nature  of  the  investment,  amount 
in  his  hands,  and  place  of  deposit  of  the  same. 

V.  Bureau  of  Indexes  aitd  Archives. 

a 

90.  Upon  this  bureau  the  duty  devolves  of  opening  the 
mails,  preparing  and  registering  the  same,  making  daily 
full  abstracts  of  all  correspondence  with  and  from  the  de- 
partment, and  indexing  the  same,  both  by  subjects  and  per- 
sons. It  has  also  the  charge  of  the  files  or  archives  of  the 
department,  and  is  engaged  in  answering  calls  of  the  Sec- 
retary, assistant  secretaries,  chief  clerk,  chiefs  of  bureaus, 
and  others  for  correspondence,  &c. 

By  act  of  April  11,  1878,  it  is  provided  that  the  records 
and  proceedings  of  the  Electoral  Commission,  created  by 
act  of  January  29,  1877,  to  regulate  the  counting  of  the 
votes  for  President  and  Vice-President,  shall  be  deposited 
with  the  Secretary  of  State,  who  is  required  to  preserve  the 
same  among  the  archives  of  his  ofiice. 

VI.  The  Librarian. 

91.  This  division  performs  duties  formerly  appertain- 
ing to  the  Bureau  of  Rolls  and  Library,  now  abolished. 


THE  DEPARTMENT   OF   STATE.  41 

Accordingly,  it  has  custody  of  the  rolls  of  acts  of  Con- 
gress,  orders,  and  joint  resolutions  of  that  body.  It  has 
charge  also  of  the  printing  and  publication  of  the  same, 
and  the  distribution  of  such  copies  as  the  law  requires  to 
be  furnished  each  Senator  and  Representative  in  Congress 
and  the  Executive  of  each  State.  It  has  charge  also  of  the 
publication  of  the  volumes  of  the  statutes  of  the  United 
States  and  their  promulgation.  It  has  also  care  of  the 
library  of  the  department,  the  public  documents,  the  revo-  , 
lutionary  archives,  and  the  archives  of  international  com- 
missions. 

Division  op  Statistics. 

O^,  This  division  has  charge  of  the  compilation  of  the 
numerous  reports  of  United  States  consuls  on  the  commer- 
cial relations  of  our  people  with  the  ports  and  countries  to 
which  the  consuls  are  accredited.  This  volume  is  prepar- 
ed annually,  in  accordance  with  law,  for  the  information  of 
Congress,  and  contains  the  specific  data  as  to  commerce, 
navigation,  mining,  agricultural  products,  &c.,  required  by 
statute  to  be  obtained,  a  reference  to  which  is  more  par- 
ticularly made  in  section  62,  herein. 

The  Examiner  of  Claims. 

03.  This  is  an  officer  nominally  connected  with  the 
Department  of  Justice.  He  is  called  by  the  statute  the 
Examiner  of  Claims  for  the  Department  of  State,  and  it 
is  provided  that  he  shall  exercise  his  functions  under  the 
supervision  and  control  of  the,  head  of  the  Department  of 
Justice.  The  law,  however,  does  not  define  what  those 
functions  are,  or  indicate  of  what  his  duties  shall  consist. 
He  is,  however,  regarded  as  the  solicitor  for  the  Depart- 
ment of  State.  He  is  the  law  adviser  of  that  department, 
and  performs  such  duties  and  considers  such  questions  of 
law  arising  in  the  administration  of  that  department  as  may 


42  THE  ISiECIJTES^Bi  DEMRTMENTS. 

be  assigned  him  by  the  Secretary.  Among  these  is  the  in- 
vestigation of  any  claims  which  may  be  presented  to  the 
departments 

04.  Outside  these  several  bureaus  and  divisions  there 
are  duties  performed  in  the  department  by  assignment 
to^^  individual  clerks.  Certain  of  these  clerks  are  desig- 
nated as  Clerk  of  Pardons  and  Commissions,  and  Pass- 
port Clerk.  The  former  prepares  and  issues  commissions 
to  persons  who  have  received  appointment  to  office,  re^ 
ceives  and  files  applications  for  office,  and  prepares  par- 
dons to  be  issued  by  the  President,  and  the  correspondence 
relating  to  these  subjects.  The  latter,  viz.,  the  Passport 
Clerk,  receives  applications  for  passports  to  foreign  coun- 
tries, and  prepares  such  passports  for  execution  under  the 
seal  of  the  Department  of  State.  He  is  authorized  by  law 
to  administer  and  attest  all  oaths  required  by  law  or  regu- 
lations to  be  taken  by  or  on  behalf  of  applicants.  It  is  his 
duty  to  carefully  examine  each  application  for  a*  passport 
and  the  accompanying  proofs,  and  to  satisfy  himself  that 
tlie  applicant  is  under  the  law  entitled  to  the  same.  A 
passport  is  prohibited  by  law  to  any  person  not  a  citizen 
of  the  United  States. 

There  is  also  in  the  department  a  translator,  by  special 
provision  of  law,  who  performs  his  duties  under  order  of 
tha  Secretary,  the  assistants,  or  the  chief  clerk. 


TSE  DEPARTMENT  OF  WAR.  48 


CHAPTER  IV. 

THE  tJEPARTMENT"  0^  tfAR. 

05.  The  second  in  order,  as  regards  the  time  of  crea- 
tion, was  the  Department  of  War,  provided  for  by  act  of 
August  7,  1789.  Until  the  Navy  Department  was  estab- 
lished, about  ten  years  later,,  the  Department  of  War  had 
charge  of  both  army  and  navy  matters. 

96.  The  head  of  this  department  is  the  Secretary  of 
War.  A  chief  clerk  is  provided  for  by  law,  who  has  super- 
vision of  the  other  clerks  of  the  department,  and  a  general 
oversight  of  the  distribution  of  business,  and  of  the  mode 
in  which  it  is  to  be  transacted. 

97.  In  the  absence  of  the  Secretary  Uie  chief  clerk  may 
be  authorized  by  that  officer  to  sign  requisitions  upon  the 
Treasury  Department,  and  other  papers  requiring  the  sig- 
nature of  the  Secretary  of  War ;  and  in  case  of  a  vacancy 
irf  the  office  of  the  latter,  the  chief  clerk  is  invested  by  law 
with  the  custody  of  all  records,  books,  and  papers  of  the 
department.     (R.  S.,  §  215.) 

98.  This  department  is  divided  by  law  into  the  follow- 
ing military  bureaus,  each  having  its  chief  clerk,  and  other 
clerks  varying  in  number  according  to  the  appropriation 
act  or  to  assignment  by  the  Secretary,  and  being  presided 
over  by  the  chief  officer  of  the  appropriate  military  depart- 
ment, viz.: 

The  Office  of  the  Adjutant-General. 
The  Office  of  the  Quartermaster-Genersd. 
The  Office  of  the  Paymaster-Greneral. 
The  Office  of  the  Commissary-GeneraL 


44  THE  EXECUTIVE  DEPARTMENTS. 

The  Office  of  the  Surgeon-General. 
The  Office  of  the  Chief  of  Engineers. 
The  Office  of  the  Chief  of  Ordnance. 
The  Office  of  Military  Justice. 
The  Office  of  the  Inspector-Greneral. 
The  duties  performed  by  these  several  bureaus  will  be 
treated  of  each  in  its  appropriate  place. 

I.  The  Secretary  of  Wab. 

99.  The  Secretary  of  War  is  required  to  perform  such 
duties  as  shall  from  time  to  time  be  enjoined  on  or  intrust- 
ed to  him  by  the  President,  relative  to  military  commis- 
sions, the  military  forces,  the  warlike  stores  of  the  United 
States,  or  to  other  matters  respecting  military  affairs,  and 
to  conduct  the  business  of  his  department  as  the  President 
may  direct.     (R.  S.,  §  216.) 

100.  He  is  charged  with  the  custody  of  the  books,  rec- 
ords, papers,  fumitm*e,  fixtures,  and  other  property  apper- 
taining to  the  department ;  and  he  is  required  to  keep,  in 
proper  books,  a  complete  inventory  of  all  the  property  of 
the  United  States  in  the  buildings,  rooms,  offices,  and 
grounds  occupied  by  him  and  under  his  charge.  (R.  S.,  §§ 
197,  217.) 

101.  He  is  required  to  define  and  prescribe  from  time 
to  time  the  kinds  as  well  as  the  amount  of  supplies  to  be 
purchased  by  the  Subsistence  and  Quartermaster's  Depart- 
ments of  the  army,  and  the  duties  and  powers  of  those  de- 
partments respecting  such  purchases.     (R.  S.,  §  219.) 

lOS.  He  is  required  also  to  prescribe  general  regula- 
tions for  the  transportation  of  the  articles  of  supply  from 
the  place  of  purchase  to  the  several  armies,  garrisons,  posts, 
and  recruiting  places,  for  the  safe-keeping  of  such  articles, 
and  for  the  distribution  of  an  adequate  and  timely  supply 
of  the  same  to  the  regimental  quartermasters,  and  to  such 


THE   SECRETAEY  OF  WAR.  45 

other  officers  as  may  by  virtue  of  such  regulations  be  in- 
trusted with  the  same ;  and  he  is  required  to  fix  and  make 
reasonable  allowances  for  the  store-rent  and  storage  neces- 
sary for  the  safe-keeping  of  all  military  stores  and  supplies. 

(Id.) 

103.  He  is  required  to  take  under  his  immediate  con- 
trol and  supervision  the  transportation  of  troops,  munitions 
of  war,  equipments,  military  property  and  stores  throughout 
the  United  States.     (R.  S.,  §  220.) 

104:.  The  Secretary  of  War  is  required  to  provide  for 
taking  meteorological  observations  at  the  military  stations 
in  the  interior  of  the  continent,  and  at  other  points  in  the 
States  and  Territories,  and  for  giving  notice  on  the  north- 
ern lakes  and  sea-coast,  by  magnetic  telegraph  and  marine 
signals,  of  the  approach  and  force  of  storms.  (R.  S.,  § 
221.) 

10^.  He  is  required  to  provide,  in  the  system  of  observ- 
ations and  reports  in  charge  of  the  chief  signal  officer  of  the 
army,  for  such  stations,  reports,  and  signals  as  may  be  found 
necessary  for  the  benefit  of  agriculture  and  commerce.  (R- 
S.,  §  222.) 

106.  He  is  authorized  to  establish  signal  stations  at  light- 
houses and  at  such  of  the  life-saving  stations  on  the  lake  or 
sea-coast  as  may  be  suitably  located,  and  to  connect  the 
same  with  such  points  as  may  be  necessary,  by  means  of  a 
suitable  telegraph  line,  in  cases  where  no  lines  are  in  oper- 
ation, to  be  constructed  and  worked  under  the  direction  of 
the  chief  signal  officer  of  the  army  or  of  the  Secretary  of 
War  and  the  Secretary  of  the  Treasury.     (R.  S.,  §  223.) 

107.  He  is  empowered,  upon  satisfactory  proof  of  loss 
or  destruction  of  a  certificate  of  discharge  by  a  non-com- 
missioned officer  or  private  soldier  who  served  in  the  army 
of  the  United  States  in  the  late  war  against  the  rebellion, 
to  furnish  to  such  non-commissioned  officer  or  soldier  a 


46  THE  EXECUTIVE  DEPARTMENTS. 

duplicate  of  such  certificate,  indelibly  marked  so  that  it 
may  be  known  as  a  duplicate.     (R.  S.,  §  224.) 

108.  He  is  authorized  to  detail  one  or  more  of  the  em- 
ployees of  his  department  for  the  purpose  of  administering 
the  oaths  required  by  law  in  the  settlement  of  officers'  ac- 
counts for  clothing,  camp  and  garrison  equipage,  quarter- 
master's stores,  and  ordnance,  which  oaths  shall  be  admin- 
istered without  expense  to  the  parties  taking  them.  (R.  S., 
§  225.) 

109.  He  may  sell  to  navigators  any  surplus  charts  of 
the  northwestern  lakes.    (E.  S.,  §  226.) 

110.  The  Secretary  of  War  is  required  to  mtake  an 
annual  report  to  Congress,  containing  a  statement  of  tb$ 
appropriations  of  the  preceding  fiscal  year  for  his  depart- 
ment, showing  the  amount  appropriated  under  each  specific 
head  of  appropriation,  the  amount  expended  under  each 
head,  and  the  balance  which  on  the  30th  day  of  June  pre- 
ceding such  report  remained  unexpended,  accompanied  by 
estimates  of  the  probable  demands  which  may  remain  on 
each  appropriation.    (R.  S.,  §  223.) 

111.  He  is  also  required  to  lay  before  Congress,  at  the 
commencement  of  each  regular  session,  a  statement  of  all 
contracts  for  supplies  or  services  which  have  been  made 
by  him  or  under  his  dh-ection  during  the  year  preceding ; 
and  also  a  statement  of  the  expenditure  of  the  moneys 
appropriated  for  the  contingent  expenses  of  the  military 
establishment.     (E,  S.,  §  22j9.) 

lis.  Whenever  he  invites  proposals  for  any  work,  or 
for  any  material  or  labor  for  any  work,  he  is  required  to 
report  to  Congress  at  the  ensuing  session  all  bids  therefor, 
with  the  names  of  the  bidders.     (E.  S.,  §  230.) 

lis.  He  is  required  to  prepare  and  submit  to  Congress, 
in  connection  with  the  reports  of  examinations  and  smreys 
of  rivers  and  harbors  made  by  order  of  Congress,  full  3tat^- 


TEE  SECRETARY  OF  WAR.  47 

ments  of  all  existing  facts  tending  to  show  to  what  extent 
the  general  commerce  of  the  country  will  be  promoted  by 
the  several  works  of  improvements  contemplated  by  such 
examinations  and  surveys,  to  the  end  that  public  moneys 
shall  not  be  applied  excepting  where  such  improvements 
§hall  tend  to  subserve  the  general  commercial  and  naviga- 
tion interests  of  the  United  States.    (R.  S.,  §  231.) 

114:.  He  is  also  required  to  lay  before  Congress,  on  or 
before  the  first  Monday  of  February  in  each  year,  an  ab- 
stract of  the  returns  of  the  Adjutants-G-eneral  of  the  sev- 
eral States  of  the  militia  thereof.    (R.  S.,  §  232.) 

115.  He  is  authorized  to  permit  one  or  more  trading 
establishments  to  be  maintained  at  any  military  post  on 
the  frontier  not  in  the  vicinity  of  any  city  or  town,  when 
he  believes  such  an  establishment  is  needed  for  the  accom- 
modation of  emigrants,  freighters,  or  other  citizens,  and  to 
appoint  the  persons  to  maintain  such  establishments.  (R. 
S.,  §  1113.) 

116.  He  is  authorized  to  issue  to  any  established  col- 
lege or  university  to  which  the  President  has  designated 
an  officer  of  the  army  as  president,  superintendent,  or  pro- 
fessor, such  number  of  small-arms  or  pieces  of  field  artil- 
lery as  may  be  requured  and  can  be  spared,  under  such 
regulations  as  he  may  prescribe,  and  upon  adequate  se- 
curity for  the  .care  and  iSafe-keepipg  ,Qf  th^  same.  (R.  S., 
§  1225.) 

117.  He  is  required,  under  direction  of  the  President,  to 
assemble  from  time  to  time  an  army  retiring  board,  con- 
sisting of  not  more  than  nine  nor  less  than  five  officers, 
two-fifths  of  whom  shall  be  selected  from  the  Medical 
Corps;  such  board,  excepting  those  selected  from  the 
Medical  Corps,  to  be  the  seniors  in  rank  of  the  officer 
whose  disability  is  inquired  of.    (R.  S.,  §  1246.) 

118.  He  may,  on  the  reconunendation  of  the  Surgeon- 


48  THE  EXECUTIVE  DEPARTMENTS. 

General,  order  gratuitous  issues  of  clothing  to  soldiers  who 
have  had  contagious  diseases,  and  to  hospital  attendants 
who  have  nursed  them,  to  replace  any  articles  of  their 
clothing  destroyed  by  order  of  the  proper  medical  officers 
to  prevent  contagion.     (R.  S.,  §  1298.) 

119,  He  may  detail  and  assign  assistant  professors,  act- 
ing assistant  professors,  and  the  adjutant  for  the  Military 
Academy  at  West  Point,  from  among  officers  of  the  army. 
(R.  S.,  §  1313.) 

ISO.  He  is  empowered  specifically  to  make  regulations 
as  to  the  care  of  ordnance  and  other  stores  by  the  ordnance 
sergeants.     (R.  S.,  §  1109.) 

121,  To  direct  the  Quartermaster-Greneral  in  prescrib- 
ing a  system  of  accountability  for  quartermaster's  supplies, 
&c.     (R.  S.,  §  1139.) 

1S3.  To  direct  officers  of  the  Subsistence  Department 
as  to  the  purchase  and  issue  of  supplies  for  rations.  (R. 
S.,  §  1141.) 

1^3.  To  select  from  the  sergeants  of  the  line  who  shall 
have  faithfully  served  in  the  army  for  five  years,  three  of 
which  as  non-commissioned  officers,  such  a  number  of 
commissary  sergeants  as  the  service  may  require.  (R.  S.» 
§  1142.) 

1^4.  To  commute  the  ration  of  coffee  and  sugar  for  the 
extract  of  coffee  combined  with  milk  and  sugar,  if  condu- 
cive to  health  and  comfort,  and  if  not  more  expensive.  (R. 
S.,  §  1147.) 

125,  To  issue  orders  to  the  Chief  of  Ordnance,  or 
senior  officer  of  the  corps,  as  to  supplies  of  ordnance  and 
ordnance  stores  for  garrisons,  field  or  siege  service.  (R. 
S.,  §  1166.) 

1S6.  To  designate  an  examining  board  of  surgeons  to 
examine  and  approve  appointments  as  assistant  surgeons  in 
the  army.     (R.  S.,  §  1172.) 


THE   SECRETARY   OF  WAR.  49 

127.  To  appoint  from  enlisted  men,  or  cause  to  be  en- 
listed, as  many  hospital  stewards  as  the  service  may  require, 
to  be  attached  to  the  Medical  Corps  under  such  regulations 
as  he  may  prescribe.     (R.  S.,  §  1180.) 

138.  To  detail  six  officers  from  the  Corps  of  Engineers, 
and  any  number  of  non-commissioned  officers  and  privates 
not  exceeding  one  hundred  from  the  Battalion  of  Engi- 
neers, for  the  performance  of  signal  duty,  subject  to  exam- 
ination and  approval  by  a  military  board  convened  by  him- 
self.    (R.  S.,  §  1196.) 

139.  To  establish  regulations  for  examination  of  non- 
commissioned officers  as  to  their  qualifications  for  com- 
missioned officers,  who,  if  found  qualified,  shall  be  eligible 
for  appointment  as  second  lieutenants.     (R.  S.,  §  1214.) 

130.  To  prescribe  regulations  from  time  to  time  for  the 
examination  of  appointees  to  the  Military  Academy,  who 
shall  be  required  to  be  well  versed  in  reading,  writing,  and 
arithmetic,  and  to  have  a  knowledge  of  the  elements  of 
English  grammar,  of  descriptive  geography,  particularly 
that  of  the  United  States,  and  of  the  history  of  the  United 
States.     (R.  S.,  §  1319.) 

131.  The  Secretary  of  War  is  required  to  arrange  the 
course  of  study  at  the  Military  Academy,  in  order  that  the 
cadets  shall  not  be  required  to  pursue  their  studies  on  Sun- 
day ;  (R.  S.,  §  1324 ;)  and  to  exercise  general  supervision 
and  charge  over  the  institution  through  such  officer  or 
officers  whom  he  may  assign.  (R.  S.,  §  1331.)  He  may 
assign  also  a  judge  advocate  of  the  army  as  Professor  of 
Law  in  the  institution.    (Act  June  6,  1874,  Stats»  18,  p.  60.) 

133.  He  is  required  to  organize  a  board  of  five  mem- 
bers, to  consist  of  three  officers  of  the  army  and  two  per- 
sons from  civil  life,  whose  duty  it  shall  be  to  adopt  a  plan 
of  building  for  the  military  prisoja  authorized  to  be  estab- 
lished at  Rock  Island,  IlUnoi^^  ai\4  to  frame  regulatioAS 
4 


50  THE  EXECUTIVE  DEPARTMBJSTS. 

for  the  government  of  the  prisoners  confined  therein.  He 
is  also  required,  together  with  said  commissioners,  to  visit 
that  prison  semi-annually,  or  oftener,  for  the  purposes  of 
examination,  inspection,  and  correction,  and  to  inquire  into 
any  abuses  or  neglects  of  duty,  and  to  make  such  changes 
in  the  general  discipline  of  the  prison  as  he  and  the  said 
commissioners  may  hold  to  be  essential.  He  is  required 
also  to  detail  from  the  officers  of  the  army  a  commandant 
and  such  subordinate  officers  as  may  be  necessary,  a  chap- 
lain, a  surgeon,  and  a  clerk,  as  officers  of  the  prison ;  also 
a  sufficient  number  of  enlisted  men  as  turnkeys,  guards, 
and  assistants.  He  is  required  to  take  from  the  comman- 
dant a  sufficient  bond,  conditioned  that  this  officer  shall 
faithfully  discharge  the  duties  of  the  office,  and  account 
for  all  moneys  placed  in  his  hands.  The  Secretary  is  au- 
thorized and  directed  to  remit,  in  part,  the  sentences  of 
such  convicts,  and  to  give  them  an  honorable  restoration 
to  duty  in  case  it  is  merited,  whom  the  commandant  reports 
as  earning  such  rewards  by  their  obedience,  honesty,  indus- 
try, or  general  good  conduct.  (R.  S.,  §§  1345,  1346,  1347, 
1349,  1352.) 

133.  It  is  the  duty  of  the  Secretary  of  War  to  give  from 
time  to  lime  such  directions  to  the  Adjutants-General  of  the 
militia  of  the  several  States  as  may  in  his  opinion  be  neces- 
sary to  produce  uniformity  in  the  returns  required  to  be 
made  to  the  President  annually,  of  the  militia  of  the  States, 
of  their  arms,  accoutrements,  and  ammunition.  (R.  S.,  § 
1636.) 

134.  He  is  authorized  to  abolish  such  of  the  arsenals  of 
the  United  States  as  in  his  judgment  may  be  useless  or 
unnecessary.     (E.  S.,  §  1666.) 

130.  Also  to  distribute  to  such  States  as  did  not  receive 
the  same  their  proper  quota  of  arms  and  military  equip- 
ments for  each  year,  from  eighteen  hundred  and  sixty-two 


THE   SECRETARY   OP  WAR.  51 

to  eighteen  hundred  and  sixty-nine,  within  the  limits  of  the 
annual  appropriation  of  two  hundred  thousand  dollars  as 
provided  by  law.     (R.  S.,  §§  1670,  1661.) 

130.  He  is  required  to  take  cognizance  of  appeals  from 
the  decisions  of  the  Chief  of  Engineers  in  charge  of  the 
Washington  Aqueduct,  and  to  receive  the  reports  of  that 
officer  as  Superintendent  of  i^ublic  Buildings  and  Grounds 
and  of  the  aqueduct  aforesaid.     (R.  S.,  §§  1811,  1812.) 

137.  The  Secretary  of  War  is  authorized  to  carry  into 
effect  all  laws  and  parts  of  laws  pertaining  to  the  collection 
and  payment  of  bounty,  prize-money,  and  other  legitimate 
claims  of  colored  soldiers,  sailors,  and  marines,  or  their 
heirs;  and  on  his  approval  there  may  be  paid,  from  the 
fund  for  the  relief  of  refugees  and  freedmen,  accounts  ren- 
dered for  necessary  expenses  incurred  for  those  persons 
under  the  sanction  of  proper  officers,  which  accounts  can- 
not be  otherwise  settled  for  want  of  specific  appropriations. 
(R.  S.,  §§  2033,  2034.) 

138.  He  is  constituted  the  lawful  custodian  of  a  retain- 
ed bounty  fund,  derived  from  a  portion  of  the  State  bounties 
of  certain  colored  soldiers  enlisted  in  Virginia  and  North 
Carolina  during  the  years  1864  and  1865,  and  which  by  vir- 
tue of  Greneral  Orders  No.  90,  Department  of  Virginia  and 
North  Carolina,  was  held  by  the  Superintendent  of  Freed- 
men's  Affairs,  but  was  turned  over  to  the  bureau  upon  its 
organization.  And  he  is  required  to  hold  such  fund  as 
trustee,  which  he  may  invest  in  United  States  bonds,  for 
the  benefit  of  such  colored  soldiers  or  their  legal  repre- 
sentatives, and  for  payment  of  any  portion  to  any  persons 
who  may  establish  their  right.     (R.  S.,  §§  2035,  2036.) 

139.  He  is  required  to  cause  every  contract  made  by 
him  on  behalf  of  the  Government,  or  by  officers  of  his  de- 
partment, to  be  reduced  to  writing,  and  to  be  signed  by  the 
contracting  parties,  and  a  copy  of  each  to  be  filed  in  the 


52  THE  EXECUTIVE  DEPARTMENTS. 

returns  office  of  the  Department  of  the  Interior  as  soon 
after  the  contract  is  made  as  possible,  and  within  thirty 
days,  together  with  all  bids,  offers,  and  proposals  to  him 
made  by  persons  to  obtain  the  same,  and  a  copy  of  any 
advertisement  he  may  have  published  inviting  bids,  offers, 
or  proposals  for  the  same.     (R.  S.,  §  3744.) 

14:0.  He  is  required  to  futnish  every  officer  appointed 
by  him  with  authority  to  make  contracts  on  behalf  of  the 
Government,  with  a  printed  letter  of  instructions  setting 
forth  the  duties  of  such  officer ;  and  also  to  furnish  there- 
with forms,  printed  in  blank,  of  contracts  to  be  made  and 
the  affidavit  of  returns  required  to  be  affixed  thereto,  so 
that  all  the  instruments  may  be  as  nearly  uniform  as  pos- 
sible.    (R.  S.,  3747.) 

14:1.  He  is  authorized  and  directed  to  furnish  to  the 
persons  embraced  by  the  provisions  of  section  4787  of  the 
Revised  Statutes  of  the  United  States  transportation  to  and 
from  their  homes  and  the  places  where  they  may  be  required 
to,  go  to  obtain  artificial  limbs  provided  for  them  under  au- 
thority of  law.     (R.  S.,  §  4791.) 

14:9.  He  may  order  the  admission  to  the  Government 
Hospital  for  the  Insane,  in  the  District  of  Columbia,  to  be 
kept  in  custody  until  cured,  or  sooner  removed  by  his  au- 
thority, insane  persons  belonging  to  the  army,  civilians 
employed  in  the  Quartermaster's  and  Subsistence  Depart- 
ments of  the  army  who  may  become  insane  while  in  such 
employment ;  also  persons  who,  while  in  the  service  of  the 
United  States  in  the  army,  have  been  admitted  to  the  hos- 
pital, and  have  been  thereafter  discharged  from  it  on  the 
supposition  that  they  have  recovered  their  reason,  and  have 
within  three  years  after  such  discharge  become  again  in- 
sane, from  causes  existing  at  the  time  of  such  discharge, 
and  who  have  no  adequate  means  of  support ;  also  indi- 
gent insane  persons  who  have  been  discharged  from  the 


THE   SECRETARY  OF  WAR.  53 

army  on  account  of  disability  arising  from  such  insanity ; 
also  indigent  insane  persons  who  have  become  insane  with- 
in three  years  after  their  discharge  from  such  service,  from 
causes  which  arose  during  and  were  produced  by  said  serv- 
ice.    (R.  S.,  §  4843.) 

14:3.  The  Secretary  of  War  is  required  to  purchase  from 
the  owners  thereof,  at  such  price  as  may  be  mutually  agreed 
upon,  such  real  estate  as  in  his  judgment  is  suitable  and 
necessary  for  the  purpose  of  carrying  into  effect  the  provis- 
ions made  by  law  for  National  cemeteries,  and  to  obtain 
from  such  owners  the  title  in  fee-simple  of  the  same.  In 
case  he  is  not  able  to  agree  with  any  owner  as  to  the 
price  to  be  paid  for  any  real  estate  needed  for  such  pur- 
pose, or  to  obtain  from  such  owner  title  in  fee-simple,  he 
is  authorized  to  enter  upon  and  appropriate  the  same, 
and  thereupon  to  make  application  for  an  appraisement 
to  any  District  or  Circuit  Court  within  any  State  or  district 
where  such  real  estate  is  situated,  which  court  is  thereupon 
commanded  to  make  a  just  and  equitable  appraisement  of 
the  cash  value  of  the  interest  of  each  and  every  owner. 
He  is  required  to  pay  to  the  owner  or  owners  respectively 
the  appraised  value  as  specified  in  the  appraisement,  or  to 
pay  into  any  of  such  courts  the  appraised  value,  to  the 
credit  of  such  owner  or  owners,  which  sum  he  may  take 
from  any  moneys  appropriated  for  the  purpose  of  National 
cemeteries.    (R.  S.,  §§  4870,  4871,  4872.) 

144:.  He  is  required  to  cause  to  be  erected  at  the  prin- 
cipal entrance  of  each  National  cemetery  a  suitable  building, 
to  be  occupied  as  a  porter's  lodge,  and  to  appoint  a  meri- 
torious and  trustworthy  superintendent,  from  honorably- 
discharged  officers  or  soldiers  of  the  army,  to  reside  there- 
in, for  the  purpose  of  guarding  and  protecting  the  cemetery 
and  giving  information  to  visitors.     (R.  S.,  §§  4873,  4874.) 

14^.  He  is  required  to  detail  some  officer  of  the  army 


54  THE  EXECUTIVE  DEPARTMENTS.  ^ 

not  under  the  rank  of  major  to  visit  annually  all  of  the 
National  cemeteries,  and  to  inspect  and  report  to  him  the 
condition  of  the  same  and  the  amount  of  money  necessary 
to  protect  them,  to  sod  the  graves,  gravel  and  grade  the 
walks  and  avenues,  and  to  keep  the  grounds  in  complete 
order ;  and  he  is  further  required  to  transmit  the  report  of 
such  officer  to  Congress  at  the  commencement  of  each  ses- 
sion, with  an  estimate  of  the  appropriation  necessary  for 
that  purpose.     (R.  S.,  §  4876.) 

146.  He  is  required  to  have  such  cemeteries  inclosed 
with  good  and  substantial  stone  and  iron  fences,  and  to 
cause  each  grave  to  be  marked  with  a  small  headstone  or 
block  of  durable  stone,  and  of  such  design  and  weight  as 
shall  keep  it  in  place  when  set,  bearing  the  name  of  the 
soldier  and  of  his  State  inscribed  thereon,  when  known ; 
also  the  number  of  the  grave,  corresponding  with  the  num- 
ber opposite  to  the  name  of  the  party,  in  a  register  of 
burials  to  be  kept  at  each  cemetery  and  at  the  office  of 
the  Quartermaster-General,  setting  forth  the  name,  rank, 
company,  regiment,  and  date  of  death  of  the  officer  or  sol- 
dier; or  if^  unknown,  a  statement  of  the  fact.  (R.  S.,  § 
4877.) 

147.  He  is  required  to  assume  control  and  management 
of  so  much  of  the  island  of  Mackinac  as  has  been  reserved 
and  dedicated  as  a  National  Park,  and  to  make  such  rules 
and  regulations  as  he  may  deem  necessary  for  the  care  and 
management  of  the  same,  particularly  for  the  preservation 
from  injury  or  spoliation  of  all  timber,  mineral  deposits, 
natural  curiosities  or  wonders  within  the  said  park,  and  for 
their  retention  in  their  natural  condition.  He  may  in  his 
discretion  grant  leases,  for  building  purposes,  of  small  par- 
cels of  the  ground,  at  such  places  in  the  park  as  shall  require 
the  erection  of  buildings  for  the  accommodation  of  visitors, 
for  terms  not  exceeding  ten  years ;  the  proceeds  to  be  ex- 


THE   SECRETARY  OF  WAR.  55 

pended  under  his  direction  in  the  management  of  and  the 
construction  of  roads  and  bridal-paths  in  the  said  park. 
He  is  required  to  cause  all  trespassers  to  be  remoyed  there- 
from, and  is  authorized  generally  to  take  such  measures  as 
may  carry  out  the  objects  for  which  the  reservation  and 
dedication  were  made.  (Act  March  3,  1875,  Stats.  18,  p. 
517.) 

148.  The  Secretary  of  War  is  directed  to  have  water- 
gauges  established,  and  daily  observations  made  of  the  rise 
and  fall  of  the  lower  Mississippi  River  and  its  chief  tribu- 
taries,— at  or  in  the  vicinity  of  St.  Louis,  Cairo,  Memphis, 
Helena,  Napoleon,  Providence,  Vicksburg,  Baton  Rouge, 
Red  River  Landing,  and  CarroUton,  on  the  Mississippi,  be- 
tween the  mouth  of  the  Missouri  River  and  the  Grulf  of 
Mexico  ;  and  at  or  in  the  vicinity  of  Fort  Leavenworth  on 
the  Missouri,  Rock  Island  on  the  upper  Mississippi,  Louis- 
ville on  the  Ohio,  Florence  on  the  Tennessee,  Jacksonport 
on  the  White  River,  Little  Rock  on  the  Arkansas,  Alexan- 
dria on  the  Red  River,  and  at  such  other  places  as  he  may 
deem  advisable ;  the  annual  cost  not  to  exceed  five  thousand 
dollars,  and  to  be  paid  from  the  appropriation  for  the  im- 
provement of  rivers  and  harbors.     (R.  S.,  §  5252.) 

14:9.  Diu-ing  a  temporary  absence  of  the  Secretary  of 
War  from  his  department,  he  may  authorize  the  Chief  Clerk 
of  that  department  to  sign  requisitions  upon  the  Treasury 
Department,  and  other  papers  requiring  the  signature  of 
the  Secretary.    (Act  March  4,  1874,  Stats.  18,  p.  19.) 

ISO.  He  is  required  to  assume  full  control  of  the  par- 
ticular channel  at  the  mouth  of  the  Mississippi  River,  in 
course  of  excavation  or  improvement  by  the  United  States, 
as  far  as  necessary  to  the  carrying  on  and  protection  of 
such  excavation  and  improvement,  and  until  completed ; 
and  he  may  establish  and  promulgate  regulations  respect- 
ing the  use  of  or  passage  through  such  channel  as  he  shall 


I 

56  THE  EXECUTIVE  DEPARTMENTS. 

deem  needful  to  fully  protect  the  channel  and  to  facilitate 
the  improvement  thereof.  (Act  June  1,  1874,  Stats.  18,  p. 
50.) 

101,  He  is  authorized  to  operate  and  keep  in  repair  the 
lines  of  military  telegraph  from  Prescott  to  Camp  Verde 
and  Camp  Apache  in  Arizona,  and  to  pay  the  expenses  out 
of  moneys  received  for  dispatches  sent  over  said  lines ;  and 
he  is  required  to  pay  the  balance  remaining  over  into  the 
Treasury.     (Act  June  23,  1874,  Stats.  18,  p.  223.) 

\52,  Also  to  construct  and  operate  a  line  of  telegraph 
beginning  at  or  near  the  city  of  Denison,  Texas,  thence  by 
the  nearest  practicable  route  to  Fort  Sill,  Indian  Territory ; 
thence  to  Fort  Richardson,  Texas ;  thence  along  the  north- 
ern frontier  of  settlements  to  Forts  Griffin  and  Concho ; 
thence  to  the  Pecos  Eiver  at  or  near  the  mouth  of  Toyah 
Creek ;  thence  to  Fort  Clark  on  Los  Moras  Creek ;  thence 
to  Fort  Duncan  on  the  Rio  Grande  ;  thence  down  the  Rio 
Grande,  via  Fort  Mcintosh  and  Ringold's  Barracks,  to 
Brownsville.     (Act  June  3,  1874,  Stats.  18,  p.  52.) 

1^3.  It  is  his  duty  to  cause  frequent  inquiries  to  be  made 
as  to  the  necessity,  economy,  and  propriety  of  disbursements 
made  by  disbursing  officers  of  the  army,  and  as  to  their 
strict  conformity  to  the  law  appropriating  the  money ;  also 
to  ascertain  whether  the  said  disbursing  officers  comply 
with  the  law  in  keeping  their  accounts  and  making  their 
deposits ;  such  inquiries  to  be  made  through  officers  of  the 
inspection  department,  or  others  detailed  for  the  purpose 
not  connected  with  the  department  or  corps  making  the 
disbursements.     (Act  April  20,  1874,  Stats.  18,  p.  33.) 

\54L,  It  is  made  his  duty,  on  the  first  Monday  of  January 
of  each  year,  to  ascertain  from  the  expenses  of  maintaining 
the  Louisville  and  Portland  Canal  for  the  previous  year 
what  tolls  will  probably  pay  the  expenses  for  the  current 
year,  and  to  fix  and  declare  the  rates  of  tolls  thus  ascer- 


THE  SECRETARY  OF  WAR.  57 

tained  to  be  charged  for  the  current  year.  He  is  requu-ed 
also  to  provide  for  the  superintendence,  management,  and 
repair  of  said  canal ;  and  he  may  apply  the  tolls  received, 
as  far  as  necessary,  to  the  payment  of  the  current  expenses. 
The  receipts  and  expenses,  together  with  a  statement  of 
the  condition  of  the  canal,  must  be  set  forth  in  his  annual 
report,  with  a  view  to  necessary  legislation.  (Act  May  11, 
1874,  §  3  ;  Stats.  18,  p.  44.) 

1^^.  In  all  contracts  for  materials  for  public  improve- 
ments, ^he  Secretary  of  War  is  required  to  give  preference 
to  American  material,  and  to  cause  all  labor  thereon  to  be 
performed  within  the  United  States.  (Act  March  3,  1875, 
Stats.  18,  p.  455.) 

1^6.  He  is  charged  with  the  publication  of  the  official 
records  of  the  war  of  the  rebellion,  as  regards  the  army  of 
the  United  States  as  well  as  the  forces  of  the  insurrection. 
(Act  June  23,  1874,  Stats.  18,  p.  222.)  -And  he  is  likewise 
required  to  preserve  in  the  records  of  his  department  the 
names  and  places  of  burial  of  all  soldiers  of  the  army  of 
the  United  States  during  the  rebellion  of  1861  for  whom 
headstones  have  been  authorized  by  hhn,  in  pursuance  of 
law,  to  be  erected,  either  in  National  cemeteries  or  in 
private  village  or  city  burial -groimds.  (Acts  March  3, 
1873,  and  February  3,  1879.) 

I.  Office  of  the  Adjutant-Genebaij. 

1^7.  This  office,  as  a  bureau  of  the  War  Department,  is 
in  charge  of  the  Adjutant-General  of  the  Army.  It  receives 
the  reports  of  the  officers  of  the  army  as  to  the  operations  of 
their  respective  commands,  the  number,  station,  and  con- 
dition of  officers  and  enlisted  men.  These  reports  are 
entered  and  tabulated,  showing  upon  the  books  of  the 
office  the  distribution  and  disposition  of  each  organization 
6f  the  army.    It  receives  also  the  muster-rolls  of  each  com- 


68  THE  EXECUTIVE  DEPARTMENTS. 

mand,  which  are  methodically  arranged,  affording  informa- 
tion— when  desired  by  the  Secretary  of  War,  by  the  bureaus 
of  the  department,  or  by  the  accounting  officers — as  to  the 
record  of  any  officer  or  private  soldier.  This  office  attends 
to  the  publication  of  army  orders  from  head-quarters,  or 
orders  of  the  Secretary  of  War,  and  transmits  the  same  to 
the  officers  of  the  army.  It  has  charge  also  of  recruiting, 
establishes  rendezvous  for  enlisted  men,  and  directs  all  the 
details.  It  is  besides  the  organ  of  communication  between 
the  commander-in-chief  and  the  several  admii^trative 
divisions  of  the  army  or  their  commanding  officers,  regard- 
ing the  movement  of  troops,  the  condition  and  needs  of 
the  men,  and  as  to  all  details  of  the  service. 

II.  The  Office  of  the  Quabtermasteb-General, 

158.  This  bureau  is  in  charge  of  the  Quartermaster- 
General  of  the  Army.  It  receives  all  accounts  of  the 
numerous  quartermasters  and  assistant  quartermasters,  of 
their  receipts  of  ifioneys  and  disbursements  on  account 
of  supplies  for  the  army,  incidental  expenses,  purchase  of 
cavalry  and  artillery  horses,  transportation  of  the  army, 
clothing,  National  cemeteries,  barracks  and  quarters,  hos- 
pitals, fuel,  forage,  contingencies,  &c.  An  administrative 
examination  is  given  such  accounts  in  this  office  before  the 
same,  with  the  vouchers  and  property  returns,  are  transmit- 
ted to  the  Third  Auditor  of  the  Treasury  for  adjustment  by 
that  officer,  as  provided  by  law.  These  accounts  are  thus 
examined  in  the  account  branch  of  the  office.  Besides 
making  this  examination,  a  book  account  is  kept  of  the 
individual  disbursements  of  the  officers. 

\59,  The  duties  performed  in  the  finance  branch  of 
the  office  embrace  action  on  estimates  made  by  disbursing 
officers  of  the  Quartermaster's  Department  for  funds  for 
the  purchase  of  supplies  and  for  the  other  objects  of  appro- 


OFFICE   OF   THE   QUARTERMASTER-GENERAL.  59 

priations  required  by  this  branch  of  the  service.  Such 
action  includes  the  preparation  of  requests  for  remittances 
to  disbursing  officers  founded  on  such  estimates. 

160.  The  inspection  branch  of  the  office  receives  inven- 
tory and  inspection  reports  of  supplies,  and  the  reports  of 
the  proceedings  of  boards  of  siu*vey.  It  enters'  in  books 
the  letters  /received  and  written  and  indorsements  made, 
and  keeps  the  record  of  duty  reports  of  officers  of  the 
Quartermaster's  Department.  It  prepares  the  monthly  ros- 
ter of  officers  of  that  department,  keeps  all  letters  and 
papers  relative  to  the  assignment  to  duty  of  officers,  also  to 
the  distribution  of  hired  civilians  therein,  and  relative  in- 
dividually to  all  officers  and  employees. 

161.  The  clothing  branch  of  the  office  keeps  the  ac- 
count of  clothing  and  equipage  and  clothing  material  man- 
ufactured and  purchased  at  the  principal  depots  of  the 
Quartermaster's  Department;  the  quantity  sold,  lost,  and 
issued  to  the  army ;  the  amount  expended  on  account  of 
these  supplies  and  for  the  preservation  of  the  same ;  the 
amounts  received  from  the  sale  of  surplus,  unserviceable, 
damaged,  and  other  description  of  articles  sold  at  the 
principal  depots  and  posts ;  and  exhibits  the  classification 
of  articles,  and  other  details  of  this  branch  of  supply  for 
the  army.  This  division  of  the  office  also  receives  claims 
on  account  of  clothing  and  equipage,  and  examines  the 
same  for  reference  to  the  accounting  officers. 

16^.  Another  branch  of  this  office  has  charge,  by  as- 
signment of  the  Quartermaster-General,  of  matters  pertain- 
ing to  indebted  railroad  companies ;  to  regular  and  mis- 
cellaneous supplies,  transportation,  barracks  and  quarters  ; 
to  miscellaneous  claims,  and  claims  under  the  act  of  July 
4,  1864,  arising  from  the  seizure  or  receipt  by  officers  of 
the  army,  during  the  rebellion  of  1861,  of  quartermaster's 
supplies  from  loyal  citizens.    This  branch  keeps  the  account 


60  THE  EXECUTIVE  DEPARTMENTS. 

of  the  indebtedness  of  such  railroad  companies,  including 
principal  and  interest  on  their  purchase,  of  railroad  mate- 
rial, rolling-stock,  &c.,  which  had  been  in  use  by  the  United 
States  and  remained  on  hand  at  the  close  of  hostilities. 
It  also  has  charge  of  the  interests  of  the  Grovernment  in 
the  matter,  of  transportation  of  troops  and  munitions  of  war 
over  land-grant  railroads,  which  by  the  terms  of  guch  grants 
are  under  stipulation  to  perform  such  transportation  free 
from  toll  or  other  charge. 

163.  This  branch  receives  and  acts  upon  all  estimates 
of  quartermasters  of  funds  required  for  annual  supplies 
and  expenditures ;  also  miscellaneous  estimates  and  requi- 
sitions for  funds.  It  also  prepares  estimates  for  appropri- 
ation by  Congress  to  meet  the  annual  expense  of  the  reg- 
ular supplies  for  the  Quartermaster-G-eneral's  Department 
of  the  army,  of  transportation  of  the  army,  of  barracks 
and  quarters,  &c. 

164:.  This  branch  receives  and  files  contracts  made  for 
the  supply  of  forage,  fuel,  clothing,  camp  and  garrison 
equipage,  for  horses,  for  transportation,  for  buildings,  har- 
ness, miscellaneous  services,  &c.  It  makes  and  keeps  a 
record  of  details  furnished  by  the  numerous  reports  of 
officers  of  the  purchases  made  and  moneys  disbursed,  as 
regards  the  principal  objects  of  expenditure. 

16^.  The  claims  received  in  the  office  of  the  Quarter- 
master-General are  of  three  classes,  viz.:  claims  for  trans- 
portation of  troops,  &c. ;  claims  under  the  act  of  July  4, 
1864,  before  referred  to ;  and  miscellaneous  claims.  These 
here  receive  an  administrative  examination  and  scrutiny, 
and  if  approved,  in  whole  or  in  part,  are  passed  to  the 
office  of  the  Third  Auditor  for  adjustment. 

III.  Office  op  the  Paymaster-General. 

100.  This  office  is  under  the  charge  of  the  Paymastei*- 
General  of  the  Army,  and  gives  its  attention  to  the  pay- 


PAYMASTER-GENEKAL  AND  COMMISSARY-GENERAL.      61 

ments  made  to  officers  and  men  of  the  army  for  services. 
It  receives  from  paymasters  their  estimates  of  funds  re- 
quired, abstracts  of  payments  accompanied  by  the  vouch- 
ers, general  accounts  current,  and  the  monthly  statements 
of  funds,  disbursements,  &c.  These  accounts  receive  ad- 
ministrative examination  in  this  office,  and  are  afterwards 
transmitted  to  the  Second  Auditor  for  adjustment. 

167.  This  office  prepares  the  estimates  upon  which  the 
annual  appropriations  by  Congress  for  pay  of  the  army  are 
based.  It  keeps  accounts  or  records  of  receipts,  disburse- 
ments, and  suspensions  under  each  head  of  appropriation 
for  pay  of  the  army.  It  keeps  also  a  record  showing  the 
deposits  made  with  the  paymasters  by  the  enlisted  men, 
according  to  the  provisions  of  the  act  of  May  15,  1872. 
These  deposits  are  authorized  to  be  made  in  sums  not 
less  than  five  dollars,  and  are  accounted  for  by  paymasters 
as  other  public  funds,  and  passed  to  the  credit  of  the  ap- 
propriation for  pay  of  the  army.  For  any  sum  not  less 
than  fifty  dollars,  deposited  for  a  period  of  six  months  or 
longer,  the  soldier  on  his  final  discharge  is  entitled  to  re- 
ceive interest  at  the  rate  of  four  per  cent,  per  annum. 

IV.  The  Office  of  the  Commissary- General. 

1G8«  This  office  is  under  charge  of  the  Commissary- 
G-eneral  of  the  Army,  and  transacts  all  necessary  business 
connected  with  the  direction  of  that  office  over  the  supplies 
of  subsistence  stores,  and  over  the  means  devised  for  the 
purchase  and  distribution  of  such  stores,  and  the  proper 
and  most  efficient  mode  of  maintaining  the  army.  • 

169.  Accordingly,  it  receives  all  reports  of  the  various 
commissary  officers  as  to  such  purchase,  transportation,  and 
distribution  ;  all  reports  as  to  advertisements  for  proposals 
to  furnish  the  same,  and  as  to  contracts  entered  into.  It 
receives  also  from  such  officers  all  contracts  made  by  them, 
which  are  placed  on  file,  as  required  by  law. 


62  THE  EXECUTIVE  DEPARTMENTS. 

It  also  receives  all  accounts  of  such  officers  for  disburse- 
ments and  receipts  of  funds,  together  with  their  vouchers 
and  returns  of  provisions  and  commissary  property.  These 
accounts  undergo  a  preliminary  examination  in  this  office, 
and  are  transmitted  for  adjustment  to  the  Third  Auditor 
of  the  Treasury.  • 

170.  This  office  also  receives  all  claims  presented  un- 
der the  act  of  July  4, 1864,  (Stats.  13,  p.  381,)  for  the  value 
of  subsistence  stores  received  or  seized  by  officers  of  the 
army  from  loyal  citizens  in  the  war  of  the  rebellion  of 
1861,  not  residents  of  States  in  rebellion;  also  all  claims 
under  the  joint  resolution  of  Congress  of  July  25,  1866, 
and  the  act  of  March  2,  1867,  (Stats,  at  Large,  vol.  14,  pp. 
364,  422,)  for  commutation  of  rations  to  United  States 
soldiers  while  prisoners  of  war  during  that  rebellion ;  also 
ordinary  and  miscellaneous  claims  for  subsistence,  &c., 
furnished  the  army.  These  several  classes  of  claims  re- 
ceive an  administrative  examination  only  in  this  office, 
whereupon  they  are  transferred  to  the  Third  Auditor's  office 
for  adjustment. 

V.  The  Office  of  the  SuBGEON-GENERAii. 

171.  This  office  is  under  the  direction  of  the  Surgeon- 
General  of  the  Army.  It  has  charge  of  matters  of  business 
connected  with  the  expenditure  of  moneys,  appropriated 
for  the  medical  and  hospital  service  of  the  army,  for  the 
relief  of  sick  and  discharged  soldiers,  for  the  purchase  of 
appliances  for  disabled  soldiers,  for  the  support  of  the 
army  Medical  Museum,  and  for  the  publication  of  the  med- 
ical and  surgical  history  of  the  war. 

172.  It  receives  and  acts  on  requisitions  of  medical 
officers  for  medical  supplies ;  also  on  the  returns  of  offi- 
cers of  supplies  received,  issued,  and  remaining  on  hand ; 
and  on  estimates  of  such  officers  as  to  supplies  required. 


SUKGEON-GENEEAL   AND   CHIEF   OF   ENGINEERS.       63 

It  receives  and  acts  upon  calls  of  the  Commissioner  of 
Pensions  and  the  Adjutant-General  for  information  from 
the  records  as  to  the  cause  of  death  of  deceased  soldiers. 
It  keeps  a  register  of  surgical  data  of  the  army,  derived 
from  the  reports  and  returns  of  the  medical  officers,  a  list 
of  the  wounded,  together  with  the  details  of  the  most  im- 
portant cases,  and  compiles  the  surgical  statistics  of  the  war 
of  the  rebellion  of  1861,  as  well  as  of  the  present  Indian 
hostilities. 

-0 

VI.  The  Office  of  the  Chief  of  Engineers. 

173.  This  office  is  under  the  direction  of  the  Chief  of 
Engineers,  a  brigadier-general  on  the  staff  of  the  General 
of  the  Army.  It  has  a  supervision  over  the  disbursement 
of  moneys  out  of  the  various  appropriations  for  public 
works,  including  fortifications,  river  and  harbor  works  and 
improvements,  surveys  of  military  and  wagon  roads,  and 
explorations,  sea-coast  and  frontier  defenses.  It  also  re? 
ceives  accounts  of  engineer  disbursing  officers  and  prop- 
erty returns,  and  gives  them  administrative  action,  prelim- 
inary to  adjustment  by  the  Third  Auditor  of  the  Treasury. 

174.  These  duties  are  distributed  to  three  divisions  of 
the  office,  viz.:  to  one  division,  those  pertaining  to  fortifi- 
cations, battalion  and  engineer  depots,  lands,  armaments, 
personnel,  &c. ;  to  another,  those  relating  to  river  and 
harbor  improvements,  &c. ;  to  another,  those  concerning 
property  accounts,  estimates,  funds,  surveys  of  the  lakes, 
explorations,  maps,  instruments,  &c. 

VII.  The  Office  of  the  Chief  of  Ordnance. 

175.  This  office  is  under  charge  of  the*  Chief  of  Ord- 
nance, who  is  a  brigadier-general  of  the  army  and  is  on 
the  staff  of  the  General. 

176.  The  duties  of  his  office,  as  a  bureau  of  the  War 


64  THE  EXECUTIVE   DEPARTMENTS. 

Department,  have  regard  to  the  supply  of  ordnance  and 
ordnance  stores  to  the  army.  They  embrace  all  matters 
of  supervision  over  arsenals, — their  examination,  preserva- 
tion, and  repairs  ;  over  sites  and  buildings  for  magazines ; 
over  the  manufacture  and  preservation  of  arms,  ordnance, 
ordnance  stores  and  material,  and  their  distribution  to  the 
army  or  to  organized  bodies  authorized  to  receive  the 
same  ;  also  over  the  accounts  of  disbursing  officers  and  the 
expenditure  of  moneys  under  appropriations  made  by  Con- 
gress for  this  branch  of  the  service  ;  also  over  the  sales  of 
ordnance  stores  ^  also  over  miscellaneous  receipts  by  ord- 
nance officers,  and  the  covering  of  the  moneys  into  the 
Treasury. 

VIII.  The  Office  of  Military  Justice. 

177.  This  office  is  under  charge  of  the  Judge  Advocate- 
General  of  the  Army.  It  receives  and  makes  a  record  of 
all  court-martial  proceedings,  consisting  of  the  two  classes, 
of  general  courts-martial  and  garrison  and  regimental 
courts-martial.  It  furnishes  abstracts  of  proceedings  of 
trials,  upon  official  application  of  the  War  and  Treasury 
Departments ;  also  supplies  copies  of  records  of  such  trials 
to  parties  tried  by  a  general  court-martial,  upon  demand 
made  by  themselves  or  by  others  in  their  behalf,  to  which 
they  are  entitled  in  accordance  with  Article  114  of  the 
Articles  of  War.  It  also  furnishes  special  reports  upon 
court-martial  proceedings  and  on  applications  for  remission 
of  sentence  ;  also  upon  miscellaneous  questions  of  law  sub- 
mitted by  the  War  Department.  The  Judge  Advocate- 
General,  besides  being  an  officer  of  the  army  on  the  staff 
of  the  General  thereof,  occupies  a  position  analogous  in  its 
duties  to  that  of  solicitor  of  a  department.  In  this  regard 
he  is  the  law  adviser  of  the  Secretary  of  War.  The  duties 
of  the  office,  as  a  bureau  of  the  War  Department,  are  to  a 


MILITARY  JUSTICE   AND   INSPECT0EH3ENERAL.        65 

large  extent  made  up  of  the  consideration  of  questions  of 
law  arising  in  the  administration  of  that  department.  As 
Judge  Advocate-General  he  reviews  court-martial  proceed- 
ings for  the  action  of  the  Executive  in  approval  or  disap- 
proval of  the  findings  and  sentence,  or  in  the  exercise  of 
his  clemency  to  the  offender.  In  these  respects  the  head 
of  this  office  is  assisted  by  a  corps  of  judge  advocates  of 
the  army,  or  by  such  of  them  as  may  be  detailed  to  bureau 
duty. 

IX.  ^HE  Office  of  the  Inspectob-General. 

178.  This  office  is  in  charge  of  an  Inspector-General 
of  the  Army,  and  its  duties,  or  the  duties  of  the  officer  in 
charge,  are  confined  to  the  supervision  and  direction  of  the 
affairs  of  the  inspection  service  of  the  army. 

These  embrace  investigations  by  the  officers  of  this  branch 
of  the  service  as  to  personnel  and  material  of  the  army ;  the 
inspection  of  military  posts,  barracks  and  quarters,  build- 
ings, depots,  and  troops ;  as  to  the  discipline  of  the  troops 
and  their  employment ;  as  to  the  pay  of  the  army,  and  the 
deposits  made  of  moneys  by  enlisted  men.  They  embrace 
also  the  inspection  of  recruiting  stations  and  recruiting, 
and,  in  fact,  a  careful  and  searching  inquiry  into  the  man- 
ner in  which  all  military  affairs  in  camp  are  conducted. 
Under  a  special  act  of  Congress  of  April  20,  1874,  these 
officers  scrutipize  frequently  the  accounts  of  disbursing  of- 
ficers of  the  army,  and  make  critical  investigations ,  as  to 
the  necessity  and  economy  of  the  expenditures,  as  well  as 
to  the  conformity  of  those  officers  to  the  laws  Appropriating 
the  money. 
5 


THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  V. 

THE  DEPARTMENT    OF   THE   TEEASUBY. 

179.  This  department  had  its  origin  in  the  act  of  Con- 
gress of  September  2,  1789,  and  is  the  third  of  the  execu- 
tive departments  in  the  order  of  date.  Numerous  amend- 
ments and  enactments  have  since  added  to  its  business  and 
increased  its  proportions.  Its  present  organization  is  de- 
rived from  comparatively  recent  legislation,  contained  in 
an  appropriation  act  of  March  3,  1875.    (Stats.  18,  p.  396.) 

180.  The  head  of  the  department  is  the  Secretary  of 
the  Treasury.  There  are  also  two  Assistant  Secretaries  of 
the  Treasury,  whose  relative  rank  and  official  duties  are 
not  prescribed  by  law,  but  are  designated  and  assigned 
them  by  ithe  head  of  the  department. 

Following  these  is  the  Chief  Clerk.  The  further  general 
organization  of  the  department  is  made  up  of  numerous 
^bureaus,  each  having  its  head,  who,  while  under  the  general 
supervision  of  the  Secretary  of  the  Treasury,  has,  neverthe- 
less, certain  well-defined  duties  and  independent  functions 
prescribed  by  statute. 

181.  The  bureaus  referred  to  are  those  of  the 
First  Comptroller  of  the  Treasury. 

Second  Comptroller  of  the  Treasury. 

Comniissioner  of  Customs. 

First  Auditor. 

Second  Auditor, 

Thh-d  Auditor. 

JFourth  Auditor. 

iFifth  Auditor. 

Auditor  of  the  Treasury  for  the  Poat  Office  Department. 


THE  DEPARTMENT  OF  THE  TREASURY.      67 

Register  of  the  Treasury. 

Treasurer  of  the  United  States. 

Comptroller  of  the  Currency. 

Commissioner  of  Internal  Revenue.    J 

1.S2,  The  office  of  the  Secretary  of  the  Treasury  and 
the  several  bureaus  mentioned  have  respectively  their  dis- 
tinct organization  into  divisions  and  subdivisions.  The 
duties  of  each  of  these  divisions  are  prescribed  and  regu- 
lated by  the  head  of  the  department  or  bureau. 

They  will  be  referred  to  hereinafter  in  detail  nnder  an 
appropriate  heading. 

183.  All  claims  and  demands  whatever,  by  the  United 
States  or  against  it,  and  all  accounts  whatever  in  which  the 
United  States  is  concerned,  either  as  debtor  or  creditor, 
are  by  the  statutes  required  to  be  settled  and  adjusted  in 
this  department.     (R.  S.,  §  236.) 

184.  In  all  matters  of  accounts,  receipts,  expenditures, 
estimates,  and  appropriations,  (excepting  accounts  of  the 
Secretary  of  the  Senate  for  compensation  and  travelling 
expenses  of  Senators,)  the  fiscal  year  of  the  Treasury  com- 
mences on  the  1st  of  July  in  each  year ;  and  all  publica- 
tions of  accounts  of  receipts  and  expenditures  are  required 
to  be  prepared  for  the  period  thus  established.  (R.  S.,  § 
237.) 

185.  Separate  accounts  are  required  to  be  kept  in  this 
department  of  all  moneys  received  from  internal  duties  or 
taxes  in  each  of  the  States,  Territories,  and  collection  dis- 
tricts, and  of  the  amount  of  each  species  of  duty  and  tax 
that  shall  accrue,  so  as  to  exhibit,  as  far  as  may  be.  the 
amount  collected  from  each  source  of  revenue,  with  the 
moneys  paid  as  compensation  and  for  allowances  to  the  of- 
ficers of  revenue  employed  in  each  of  the  respective  States, 
Territories,  and  collection  districts.     (R.  S.,  §  239.) 

180.  Accounts  for  contingent  expenses  and  for  furni- 


68  THE   EXECUTIVE   DEPARTMENTS. 

ture  and  repairs  for  the  bureaus  of  the  Treasury  Depart- 
ment are  required  to  be  kept  in  detail  by  the  superintend- 
ent of  the  Treasury  building,  and  can  be  allowed  only  on 
his  certificate  that  the  prices  paid  are  just  and  reasonable. 
(R.  S.,  §  240.) 

187.  Persons  appointed  to  the  office  of  Secretary  of 
the  Treasury,  First  Comptroller,  First  Auditor,  Treasurer, 
or  Register,  are  prohibited  by  law,  under  severe  penalties, 
from  being  directly  or  indirectly  concerned  or  interested 
in  trade  or  commerce,  in  any  sea  vessel,  public  lands  or 
other  public  property,  or  public  securities  of  a  State  or  of 
the  United  States,  and  from  taking  to  his  own  use  any 
emolument  or  gain  for  negotiating  or  transacting  any  busi- 
ness in  the  Treasury  Department  other  than  is  allowed  by 
law.  Penalties  are  likewise  imposed  by  the  statute  upon 
any  clerk  employed  in  the  Treasury  Department  who  car- 
ries on  any  trade  or  business  in  the  funds  or  debts  of  the 
United  States  or  of  any  State,  or  in  any  kind  of  public  prop- 
erty, or  who  transacts  any  business  in  the  department  for 
emolument  or  gain.     (R.  S.,  §  243.) 

I.  The  Secretary  of  the  Treasury. 

188.  It  is  the  duty  generally  of  the  Secretary  of  the 
Treasury  to  manage  and  control  the  fiscal  afiairs  of  the 
country.  It  is  specially  prescribed  by  law  that  he  shall 
from  time  to  time  digest  and  prepare  plans  for  the  im- 
provement and  management  of  the  revenue  and  for  the 
support  of  the  public  credit ;  that  he  shall  superintend  the 
collection  of  the  revenue  ;  prescribe  forms  of  keeping  and 
rendering  the  public  accounts,  and  of  making  returns ; 
grant,  under  the  limitations  established  by  law,  all  warrants 
for  moneys  to  be  drawn  from  the  Treasury  in  pursuance  of 
appropriations  made  by  Congress ;  make  report  and  give 
information  to  either  branch  of  the  National  Legislature, 


THE   SECRETARY   OF   THE   TREASURY.  69 

in  person  or  in  writing,  as  may  be  required,  respecting 
matters  referred  to  him  by  either  body  or  appertaining  to 
his  bffice:     (R.  S.,  §  248.) 

189.  The  duties  and  functions  of  this  officer  may,  for 
greater  convenience,  be  arranged  under  the  following  heads, 
viz.: 

1.  The  Collection  of  the  Revenue. 

2.  The  Safe -keeping  and  Disbursement  of  the  Public 
Money. 

3.  The  Support  and  Management  of  the  Public  Credit. 

4.  The  Interests  of  Commerce  and  Navigation. 

5.  The  Management  of  the  Public  Accounts. 

6.  The  Public  Property  and  Miscellaneous. 

The  organization  of  the  office — to  be  referred  to  some- 
what in  detail  hereafter — has  special  reference  to  this  or  a 
similar  classification  of  the  powers,  functions,  and  duties  of 
the  head  of  the  department.  These,  as  may  be  imagined 
from  a  contemplation  of  the  vast  interests  and  resources  of 
the  nation,  are  exceedingly  numerous.  They  embrace  pro- 
visions scattered  through  the  statutes,  some  originating 
with  the  inception  of  the  Grovernment,  but  most  of  them 
having  been  brought  to  life  to  meet  some  great  want  of  the 
time,  and, to  keep  pace  with  the  remarkable  expansion  of 
our  population,  territory,  resources,  and  commercial  inter- 
ests. 

To  specify  particularly,  under  the  headings  before  men- 
tioned, we  commence  with — 

1.  The  Collection  of  the  Revenue. 

190.  The  Secretary  of  the  Treasury  directs  the  superin- 
tendence of  the  collection  of  the  duties  on  imports  and 
tonnage.  He  is  required  also  to  issue  fVom  time  to  time 
instructions  and  regulations  for  the  enforcement  of  the 
revenue  laws,  and  in  that  behalf  to  prescribe  proper  forms 


70         THE  EXECUTIVE  DEPARTMENTS. 

for  entries,  oaths,  bonds,  and  other  papers.  (R.  S.,  §§  249, 
251.) 

191.  He  may  discontinue  all  ports  of  delivery  the  reve- 
nue received  at  each  of  which  does  not  amount  to  ten  thou- 
sand dollars  a  year.     (R.  S.,  §  253.) 

19^.  He  may  employ  not  more  than  three  persons  to 
assist  the  proper  officers  of  the  Grovernment  in  discovering 
and  collecting  moneys  withheld  from  the  United  States, 
upon  such  terms  and  conditions  as  he  shall  deem  best  for 
the  interests  of  the  United  States,  the  compensation  therefor 
to  be  paid  such  persons  only  out  of  the  money  or  property 
secured ;  and  such  persons  so  employed  to  first  set  forth 
fully,  in  a  written  statement  under  oath,  the  character  of 
the  claim  out  of  which  they  propose  to  recover  or  assist  in 
recovering  moneys  for  the  United  States,  the  laws  by  the 
violation  of  which  the  same  have  been  jvithheld,  and  the 
name  of  the  person,  firm,  or  corporation  withholding  such 
moneys.     (R.  S.,  §  256.) 

193.  He  is  required  to  report  annually  to  Congress  the 
rules  and  regulations  established  by  him  to  secure  a  just 
and  impartial  appraisal  of  all  goods,  wares,  and  merchan- 
dise imported  into  the  United  States,  the  actual  value 
thereof,  and  the  number  of  square  yards,  parcels,^  or  other 
quantities  thereof,  together  with  his  reasons  for  making 
such  rules.     (R.  S.,  §§  257,  2949.) 

194.  He  is  required  to  furnish  the  Congressional  Printer, 
on  or  before  the  first  day  of  November  in  each  year,  the 
manuscript,  prepared  for  printing,  of  a  condensed  statement 
of  the  aggregate  amount  of  exports  and  imports  from  foreign 
countries  during  the  preceding  fiscal  year.     (R.  S.,  §  265.) 

190.  He  is  required  to  prescribe  the  duties  of  the  Deputy 
Commissioner  of  Internal  Revenue.     (R.  S.,  §  323.) 

190.  He  may  instruct  United  States  attorneys  not  to 
appear  in  defense  of  collectors  or  other  officers  of  the  rev- 


THE  COLLECTION  OF  THE   REVENUE.  71 

enue,  in  suits  against  them  for  acts  done  by  them,  or  for 
moneys  exacted  by  or  paid  such  officers,  and  by  them 
deposited  in  the  Treasury.     (R.  S.,  §  771.) 

197.  He  is  specially  authorized  to  make  regulations  for 
the  free  entry  of  the  following : 

Goods  which  have  been  wrecked  for  two  years  within 
the  limits  of  the  United  States,  abandoned  by  the  owner, 
and  landed  by  the  person  who  shall  raise  the  vessel. 

The  produce  of  the  forests  of  the  State  of  Maine  upon 
the  St.  John  and  the  St.  Croix  Rivers  and  tributaries,  owned 
by  American  citizens,  sawed  or  hewed  in  the  Province  of 
New  Brunswick  by  American  citizens,  and  being  unmanu- 
factured in  whole  or  in  part.     (R.  S.,  §§  2508,  2509.) 

Machinery  brought  into  the  country  for  repair,  to  be 
hence  thereafter  exported.     (R.  S.,  §  2511.) 

Paintings,  statuary,  and  photographic  pictures  imported 
for  exhibition  by  any  association  duly  authorized  for  the 
promotion  and  encouragement  of  science,  art,  and  industry, 
and  not  intended  for  sale.     (R.  S.,  §  2512.) 

Lumber,  timber,  Manila  hemp,  iron  and  steel  rods,  bars, 
spikes,  nails,  bolts,  and  copper  and  composition  metal  nec- 
essary for,  and  which  may  be  shown  to  have  been  used  in, 
the  equipment  and  construction  of  vessels  engaged  in  the 
foreign  trade,  including  the  trade  between  the  Atlantic  and 
Pacific  ports,  &c.     (R.  S.,  §  2513.) 

All  articles  of  foreign  production  needed  for  the  repair 
of  American  vessels  engaged  exclusively  in  the  foreign 
trade.     (R.  S.,  §  2514.) 

198.  He  shall  give  collectors  of  districts  for  which  no 
examiner  of  drugs,  medicines,  and  chemicals  is  provided, 
such  instructions  as  he  may  deem  necessary  to  prevent  the 
importation  of  adulterated  and  spurious  drugs  and  medi- 
cines.    (R.  S.,  §  2612.) 

199.  He  is  authorized  to  clothe  a  deputy  collector  at 


■fS  THE  EXECUTIVE  DEPARTMENTS. 

a  port  other  than  the  principal  port  of  entry  with  all  the 
powers  of  the  principal  appertaining  to  official  acts,  and  to 
require  such  deputy  to  give  bond,  &c.     (R.  S.,  §  2633.) 

SOO.  He  may  appoint  special  agents,  not  exceeding 
twenty  in  number,  to  examine  custom-houses  and  to  prevent 
and  detect  frauds  on  the  customs  revenue,  and  issue  regu- 
lations for  the  government  of  such  officers.  (R.  S.,  §§  2649, 
2650,  2651.) 

301.  In  case  of  difficulty  arising  in  the  true  construc- 
tion or  meaning  of  any  part  of  the  revenue  laws,  the  decis- 
ion of  the  Secretary  of  the  Treasury  is  by  law  conclusive 
and  binding  upon  all  officers  of  customs,  whose  duty  it  is 
to  carry  into  effect  all  instructions  of  the  Secretary  of 
the  Treasury  relative  to  the  execution  of  those  laws.  (K. 
S.,  §  2652.) 

^O^.  He  is  authorized  in  his  discretion  to  abolish  or 
suspend  the  office  of  naval  officer,  or  any  other  subordinate 
office,  in  any  collection  district,  except  in  Boston,  New 
York,  Philadelphia,  Baltimore,  Charleston,  Savannah,  Port- 
land in  Maine,  and  San  Francisco,  and  to  assign  the  duties 
of  the  abolished  office  to  a  deputy  collector  or  inspector  of 
customs.     (R.  S.,  §  2653.) 

503.  When  in  the  opinion  of  the  Secretary  of  the 
Treasury  the  fees  and  emoluments  of  any,  collector  or 
principal  officer  of  customs  are  insufficient  to  afford  a  rea- 
sonable compensation  for  the  services  of  such  officer,  after 
payment  from  the  same  of  reasonable  incidental  expenses 
of  the  office,  the  Secretary  may  direct  that  so  much  of  those 
expenses  as  shall  seem  to  him  just  shall  be  paid  out  of  the 
appropriation  for  defraying  the  expenses  of  collecting  the 
revenue.     (R.  S.,  §  2692.) 

504.  He  may  increase  the  eompensation  of  inspectors 
of  customs  in  such  ports  as  he  may  deem  it  advisable  so  to 
do,  and  may  designate,  by  adding  to  the  present  compen- 


THE!   COLLECTION   OF   THE   REVENUE.  73 

sation  of  such  officers,  a  sum  not  exceeding  one  dollar  per 
day.     (R.  S.,  §  2737.) 

20S,  Whenever  it  has  become  impracticable  for  a  per- 
son desiring  to  make  entry  of  merchandise  to  produce  at 
the  time  the  required  invoice,  the  Secretary  of  the  Treas- 
ury may  authorize  the  entry  of  such  merchandise  upon  such 
terms  and  in  accordance  with  such  regulations  as  he  may 
prescribe.  And  he  is  invested  with  the  like  power  of  re- 
mission in  cases  of  forfeiture  arising  from  neglect  of  the 
provisions  as  to  invoices,  as  in  other  cases  of  forfeiture 
under  the  revenue  laws.     (R.  S.,  §  2858.) 

^00.  He  is  required  to  select  and  furnish  to  the  col- 
lectors of  such  ports  of  entry  as  may  be  necessary  the 
standard  by  which  the  color  and  grades  of  sugars  are  to 
be  regulated,  at  such  times  and  in  such  manner  as  he  may 
deem  expedient.     (R.  S.,  §  2914.) 

SO  7.  Also,  by  regulation,  to  prescribe  that  samples  of 
sugar  shall  be  taken  by  the  proper  officers  in  such  manner 
as  to  ascertain  the  true  quality  of  the  same.  (R.  S.,  § 
2915.) 

SO 8.  He  may,  under  the  direction  of  the  President, 
adopt  such  hydrometer  as  he  may  deem  best  calculated  for 
the  purpose  of  ascertaining  the  proof  of  liquors*  (R.  S.,  § 
2918.) 

SOO.  He  may  authorize  the  collector  of  any  district,  in 
the  case  of  an  incomplete  entry  of  merchandise,  to  take 
bond  that  the  owner,  importer,  or  consignee  will  within  a 
reasonable  time  produce  such  proof  as  may  be  practicable, 
which  will  enable  the  collector  to  ascertain  the  class  or  de- 
scription of  manufacture  or  rate  of  duty  to  which  such 
merchandise  is  liable.     (R.  S.,  §  2925.) 

SIO.  He  may  entertain,  under  certain  specified  condi- 
tions, appeals  made  to  him  by  importers  from  the  decisions 
of  collectors  assessing  duties,  and  as  to  all  fees,  charges. 


74         THE  EXECUTIVE  DEPARTMENTS. 

and  exactions  on  the  tonnage  of  a  vessel  or  on  imported 
merchandise.     (R.  S.,  §§  2931,  2932.) 

Sll.  He  may  direct  the  appraisers  for  any  collection 
district  to  attend  in  any  other  collection  district  for  the 
purpose  of  appraising  merchandise  imported  therein.  (R. 
S.,  §  2947.) 

And  he  is  required  from  time  to  time  to  establish  such 
rules  and  regulations  to  secure  a  just,  faithful,  and  impar- 
tial appraisal  of  all  merchandise  imported  into  the  United 
States,  and  just  and  proper  entries  of  the  actual  market 
value  or  wholesale  price  thereof,  and  of  the  square  yards, 
parcels,  or  other  quantities,  as  the  case  may  require,  and 
of  the  actual  market  value  or  wholesale  price  of  each  of 
them.  Such  rules  as  he  may  thus  prescribe,  he  is  required 
to  report  to  Congress  at  its  next  session  after  making  the 
same,  together  with  the  reasons  therefor.     (R.  S.,  §  2949.) 

313.  He  may  lease  such  warehouses  as  he  shall  deem 
necessary  for  the  storage  of  unclaimed  or  other  goods.  He 
may  also  constitute  as  bonded  warehouses,  cellars  or  vaults 
of  stores  for  the  storage  of  wines  and  distilled  spirits,  and 
yards  for  the  storage  of  coal,  mahogany,  and  other  wood 
and  lumber,  under  the  same  rules  and  regulations  as  are 
required  in  the  storage  of  other  merchandise.  (R.  S.,  § 
2958.)  He  may  also  bond  parts  of  such  buildings,  like- 
wise, for  the  storage  of  grain.  (R.  S.,  §  2959.)  He  may 
also  bond  private  warehouses  for  the  storage  of  imported 
goods,  under  certain  conditions.     (R.  S.,  §§  2960,  2961.) 

313.  In  case  of  the  sale  of  merchandise  remaining  in 
bonded  warehouses  over  three  years,  the  Secretary  of  the 
Treasury  may  pay  over  to  the  owner,  importer,  or  con- 
signee the  proceeds,  after  the  deduction  of  duties,  charges, 
and  expenses.     (R.  S.,  §  2972.) 

314.  He  may  extend  to  the  vessels  of  war  of  any  for- 
eign nation  the  privilege  of  purchase  free  of  duty  from 


THE   COLLECTION   OF  THE   REVENUE.  75 

public  warehouse,  provided  such  nation  reciprocates  such 
privilege  to  vessels  of  war  of  the  United  States  in  its 
ports.     (R.  S.,  §  2982.) 

Sl^.  He  is  authorized  to  abate  or  refund  duties  upon 
merchandise  injured  or  destroyed,  in  whole  or  in  part,  by- 
accidental  fire  or  other  casualty,  while  the  same  remained 
in  the  custody  of  the  officers  of  customs  in  any  public  or 
private  bonded  warehouse,  in  the  appraiser's  stores  under- 
going appraisal,  or  while  in  transportation  under  bond,  oV  in 
the  custody  of  the  customs  officers  and  not  in  bond,  or 
while  within  the  limits  of  a  port  of  entry  and  before  being 
landed,  and  to  cancel  any  warehouse  bond  or  bonds  for 
the  same,  and  to  enter  satisfaction  thereon  in  whole  or  in 
part,  as  the  case  may  be.     (R.  S.,  §  2984.) 

^16.  He  may  designate  common  canaers  for  the  trans- 
portation of  merchandise  entered  at  one  port  and  designed 
for  another,  and  exact  from  them  bond  with  sufficient 
surety.     (R.  S.,  §  2993.) 

917.  He  may  also  authorize  the  establishment  of  bond- 
ed warehouses  exclusively  appropriated  to  the  reception  of 
merchandise  for  transportation,  where  its  immediate  trans- 
fer to  the  transporting  car,  vessel,  or  vehicle  is  impractica- 
ble.    (R.  S.,  §  2996.) 

He  may  prescribe  the  routes  of  transit  for  merchandise 
withdrawn  under  bond,  without  payment  of  duties,  from  a 
bonded  warehouse  in  one  collection  district  to  be  trans- 
ported to  a  bonded  warehouse  in  another  collection  dis- 
trict ;  also  the  form  of  bond  to  be  given  on  entry,  and  the 
time  for  the  delivery  of  the  merchandise.  (R.  S.,  §§  3000, 
3001.) 

S18.  He  may  also  prescribe  the  routes  of  transit  of  goods 
duly  entered  and  bonded  and  withdrawn  from  warehouse 
for  immediate  transportation,  without  payment  of  duties,  to 
Chihuahua  in  Mexico.    Also  of  goods  entered  and  bonded 


76  THE  EXECUTIVE  DEPARTMENTS. 

at  Brownsville,  in  the  district  of  Brazos  de  Santiago,  or  im- 
ported and  bonded  at  any  other  port  of  the  United  States, 
and  transported  thence  in  bond  and  duly  rewarehoused  at 
Brownsville,  and  withdrawn  for  immediate  exportation, 
without  payment  of  duties,  to  ports  and  places  in  Mexico. 
(R.  S.,  §  3002.) 

S19.  Whenever  it  shall  be  shown  to  the  satisfaction  of 
the  Secretary  of  the  Treasury  that  in  any  case  of  unascer- 
tained duties,  or  duties  or  other  moneys  paid  under  protest 
and  appeal,  more  money  has  been  paid  to  the  collector 
than  the  law  requires,  or  in  any  case  that  more  moneys 
have  been  so  paid,  and  the  party  has  failed  to  comply  with 
the  requirements  of  law  relating  to  appeals  to  the  Secretary 
of  the  Treasury,  owing  to  circumstances  beyond  his  control, 
that  officer  may  draw  his  warrant  upon  the  Treasurer  direct- 
ing a  refund  of  the  overpayment.     (R.  S.,  §§  3012i,  3013.) 

SSO.  Whenever  an  exporter  entering  any  merchan- 
dise for  the  benefit  of  drawback  shall  not  have  completed 
such  entry  according  to  law,  but  shall  offer  to  do  so  after 
the  expiration  of  the  period,  the  Secretary  of  the  Treasury 
may,  upon  application  setting  forth  the  cause  of  the  omis^ 
sion  under  oath,  accompanied  by  a  statement  from  the  col- 
lector of  all  the  circumstances  attending  the  transaction, 
and  being  satisfied  that  the  omission  was  without  intent  to 
evade  the  law  or  defraud  the  revenue,  direct  the  entry  to 
be  completed  and  the  proper  certificates  or  debentures  to 
be  issued.     (R.  S.,  §  3037.) 

221.  The  Secretary  of  the  Treasury  may  determine 
whether  a  debenture  shall  be  granted  or  not,  where  the 
amount  exceeds  one  hundred  dollars,  notwithstanding  the 
same  may  have  been  refused  by  the  collector  on  the  ground 
of  error  or  fraud  in  the  transaction.     (R.  S.,  §  3042.) 

222*  When  the  proofs  requisite  for  the  cancellation 
of  an  export  bond  are  not  and  cannot  be  produced  because 


THE  COLLECTION  OF  THE  REVENUE.       77 

of  loss  by  sea,  or  capture  or  other  unavoidable  aecident,  the 
Secretary  of  the  Treasury  may  receive  such  other  proofs, 
allowing  a  reasonable  extension  of  time  for  their  produc- 
tion ;  or,  if  he  is  satisfied  with  the  proofs  already  adduced, 
he  may  direct  the  bond  of  the  exporter  to  be  cancelled. 
(R.  S.,  §  3047.) 

223.  In  case  of  a  sale  by  a  collector  or  other  officer 
of  goods  seized  for  violation  of  the  customs  revenue  laws, 
the  value  whereof  does  not  exceed  five  hundred  dollars, 
the  Secretary  of  the  Treasury  may  remit  the  forfeiture 
and  restore  the  proceeds  to  the  owner,  if  application  is 
made  within  three  months,  and  the  proof  offered  is  suffi- 
cient to  satisfy  that  officer  that  the  forfeiture  was  incurred 
without  willful  negligence  or  intent  to  defraud  the  revenue 
Oft  the  part  of  the  owner.     (R.  S.,  §  3078.) 

224:.  The  Secretary  of  the  Treasury  may  allow  United 
States  attorneys  reasonable  compensation  for  services  and 
expenses  in  the  prosecution  of  fines  and  personal  penalties 
reported  to  them  by  collectors  as  having  been  incurred 
through  violations  of  the  revenue  laws.     (R.  S.,  §  3085.) 

SS5.  He  is  authorized  to  remit  a  forfeiture  incurred 
by  a  vessel  licensed  for  the  foreign  and  coasting  trade 
on  the  northern,  northeastern,  and  northwestern  frontiers, 
failing  to  make  entry  and  to  pay  duties  on  the  equipments 
purchased  or  on  the  expenses  of  repairs  made  in  a  foreign 
country ;  provided  the  owner  or  master  shall  furnish  good 
and  sufficient  evidence  that  such  vessel,  while  in  the  regular 
course  of  her  voyage,  was  compelled  by  stress  of  weather 
or  other  casualty  to  put  into  such  foreign  port,  and  to  pur- 
chase the  said  equipments  and  make  the  said  repairs  in 
order  to  enable  her  to  reach  in  safety  her  place  of  destina- 
tion.    (R.  S.,  §  3115.) 

SSO.  He  may,'  with  the  approbation  of  the  President, 
provided  the  latter  shall  be  satisfied  that  similar  privileges 


78  THE  EXECUTIVE  DEPARTMENTS. 

are  extended  to  vessels  of  the  United  States  in  the  colonies 
hereafter  mentioned,  and  under  regulations  to  protect  the 
revenue  from  fraud,  permit  vessels  laden  with  the  products 
of  Canada,  New  Brunswick,  Nova  Scotia,  Newfoundland,  and 
Prince  Edward  Island  to  load  or  unload  at  any  port  of  the 
United  States  which  he  may  designate.     (R.  S.,  §  3129.) 

227,  He  may  make  additional  allowances,  as  compen- 
sation, to  internal-revenue  collectors,  beyond  the  compen- 
sation provided  by  law,  in  cases  where,  by  reason  of  the 
territorial  extent  of  the  district  or  the  amount  of  the  taxes 
collected,  or  other  circumstances,  it  may  seem  just  to  make 
such  allowances ;  provided  the  net  compensation  of  a  col- 
lector shall  not  exceed  four  thousand  five  hundred  dollars 
per  year.  (E.  S.,  §  3145.)  He  may  also  extend  such  al- 
lowances, within  prescribed  limits,  to  a  deputy  collector  of 
internal  revenue  who  has  performed  or  may  perform  the 
duties  of  a  collector,  in  case  of  a  vacancy  in  the  office  of 
collector.    (R.  S.,  §  3150.) 

22S,  He  may  designate,  in  any  port  of  the  United  States 
wherein  there  is  more  than  one  collector  of  internal  rev- 
enue, one  of  them  to  have  charge  of  all  matters  relating  to 
the  exportation  of  articles  subject  to  tax  under  the  internal- 
revenue  laws.    (R.  S.,  §  3161.) 

3^9.  He  may  award  to  any  person  making  complaint, 
and  who  shall  prosecute  to  judgment  or  conviction  any 
case  of  fine,  penalty,  or  forfeiture  incurred  for  a  violation 
of  internal-revenue  laws,  the  compensation  or  allowance 
which  may  be  forfeited  by  a  collector  of  internal  reve- 
nue who  fails  in  his  duty  to  report  such  case  to  the  prop- 
er district  attorney  within  the  prescribed  time.  (R.  S.,  § 
3164.) 

330.  Upon  application  of  a  party  entitled  to  receive 
the  same,  he  may  restore  the  surplus  of  proceeds  of  prop- 
erty sold  under  distraint  for  internal-revenue  taxes,  which 


THE   COLLECTION   OF   THE   REVENUE.  79 

t 
surplus  may  have  been  previously  paid  into  the  Treasury. 
(R.  S.,  §  3195.) 

931.  The  Secretary  of  the  Treasury,  upon  receiving 
satisfactory  proof  of  the  actual  destruction,  by  accidental 
fire  or  other  casualty,  and  without  fraud,  collusion,  or  neg- 
ligence of  the  owner,  of  any  distilled  spirits,  while  the  same 
remained  in  the  custody  of  an  internal-revenue  officer  in 
any  distillery  warehouse  or  bonded  warehouse  of  the  United 
States,  and  before  the  tax  thereon  has  been  paid,  is  author- 
ized to  abate  the  amount  of  internal  taxes  accruing  thereon, 
and  to  cancel  any  warehouse  bond,  or  enter  satisfaction 
thereon  in  whole  or  in  part,  as  the  case  may  be.  He  is 
also  authorized  to  refund  such  taxes  as  may  have  been 
collected  since  the  destruction  of  such  spirits.  (B.  S.,  § 
3221.) 

232,  He  may  advise  the  Commissioner  of  Internal 
Revenue  on  the  subject  of  the  compromise  of  any  civil  pr 
criminal  case  arising  under  the  internal-revenue  laws  where 
suit  is  not  commenced,  and  consent  to  such  a  compromise  ; 
and  in  case  where  suit  has  been  commenced,  he  may  so 
advise  that  officer  and  consent  to  a  compromise,  on  the 
recommendation  of  the  Attorney-Greneral.  He  may  also, 
in  connection  with  the  Attorney-General,  consent  in  writing 
to  the  discontinuance  or  nolle  prosequi  of  any  prosecution 
under  section  3257  of  the  Revised  Statutes,  viz.,  against 
distillers  and  their  property,  for  fraud  or  attempted  fraud 
on  the  revenue.     (R.  S.,  §§  3229,  3230.) 

933.  He  may  grant  permits,  under  certain  prescribed 
conditions,  to  any  incorporated  or  chartered  scientific  in- 
stitution or  college  of  learning  to  withdraw  alcohol  in  spec- 
ified quantities  from  bond,  without  payment  of  the  internal- 
revenue  tax  on  the  same  or  on  the  spirits  from  which  the 
alcohol  has  been  distilled,  for  the  sole  purpose  of  preserv- 
ing specimens  of  anatomy,  physiology,  or  natural  history 


80  THE  Executive  departments. 

belonging  to  such  institution,  or  for  use  in  it3  chemical 
laboratory.     (R.  S.,  §  3297.) 

934.  A  person  who  fraudulently  claims  or  seeks  to  ob- 
tain allowance  of  drawback  shall  forfeit  triple  the  amount 
wrongfully  sought  to  be  obtained,  or  the  sum  of  five  hun- 
dred dollars,  at  the  election  of  the  Secretary  of  the  Treas- 
ury.    (R.  S.,  §  3443.) 

2S5,  The  Secretary  of  the  Treasury  may,  in  connection 
with  the  Commissioner  of  Internal  Revenue,  and  under  cer- 
tain restrictions  specified,  alter,  renew,  or  change  the  form, 
style,  and  device  of  any  stamp,  mark,  or  label  used  under 
any  provision  of  the  law  relating  to  distilled  spirits,  tobac- 
co, snuff,  and  cigars,  when  in  his  judgment  and  that  of  the 
Commissioner  it  may  be  necessary  for  the  collection  of 
revenue  tax  or  the  prevention  or  detection  of  frauds  on 
the  revenue.     (R.  S.,  §  3446.) 

930.  He  may  restore  to  the  owner  the  proceeds  of 
goods  sold  by  the  collector  of  internal  revenue  as  subject 
to  forfeiture  under  the  revenue  laws,  and  not  exceeding 
in  value  the  sum  of  five  hundred  dollars,  when  application 
is  made  within  one  year  from  the  day  of  sale,  and  he  is  sat- 
isfied from  the  proof,  furnished  in  such  manner  as  he  shall 
prescribe,  that  the  applicant  at  the  time  of  seizure  and  sale 
and  during  the  intervening  time  was  absent  from  the 
United  States,  or  in  such  circumstances  as  prevented  him 
from  knowing  of  the  seizure,  and  that  he  did  not  know  of 
the  same,  and  also  that  the  forfeiture  was  incurred  without 
willful  negligence  or  any  intention  of  fraud  on  the  part  of 
the  owner  of  the  property.  If  no  application  shall  be  made 
for  such  restoration  of  the  proceeds  within  one  year  as  pre- 
scribed, the  Secretary  of  the  Treasury  shall  cause  such  pro- 
ceeds to  be  distributed  according  to  law.     (R.  S.,  §  3461.) 

337.  He  may  authorize  the  Commissioner  of  Internal 
Revenue  to  pay  such  sums,  not  exceeding  the  amount  ap- 


THE   COLLECTION   OF   THE   REVENUE.  81 

propriated  therefor,  as  he  may  deem  necessary  for  detect- 
ing and  bringing  to  trial  and  punishment  persons  guilty  of 
violating  the  internal-revenue  laws  or  conniving  at  the  same, 
in  cases  where  such  expense  is  not  otherwise  provided  for 
by  law.     (R.  S.,  §  3463.) 

S38.  He  may  inquire  into  the  circumstances  of  a  debtor 
imprisoned  upon  execution  issued  from  any  court  of  the 
United  States  for  a  debt  due  to  the  United  States  which  the 
debtor  is  unable  to  pay,  and  upon  satisfactory  proof  that 
the  debtor  is  unable  to  pay  the  said  debt,  and  has  not  con- 
cealed his  property  or  made  any  conveyance  of  his  estate  in 
trust  for  himself  or  with  intent  to  defraud  the  United  States, 
he  is  authorized  to  receive  from  such  debtor  any  deed,  as- 
signment, or  conveyance  of  property,  or  any  collateral  se- 
curity, and  thereupon,  on  compliance  with  such  terms  as  he 
may  judge  reasonable,  to  issue  his  order  to  the  keeper  of 
the  prison  directing  him  to  discharge  the  debtor  from  im- 
prisonment.    (R.  S.,  §  3471.) 

339.  The  Secretary  of  the  Treasury  is  required  to  re- 
tain any  moneys  due  on  any  account  from  the  United  States 
to  any  State,  or  so  much  thereof  as  may  be  necessary,  and 
apply  the  same  to  the  payment  of  principal  and  interest  in 
default  on  stocks  or  bonds  issued  or  guaranteed  by  such 
State  and  held  by  the  United  States  in  trust.  (R.  S.,  § 
3481.)  • 

d4:0«  He  may,  after  a  week's  notice  to  the  public,  sell 
and  convey  any  real  estate  no  longer  used  for  light-house 
purposes.     (R.  S.,  §  4675.) 

34:1.  He  is  directed  to  withhold  all  payments  to  any 
railroad  company  and  its  assigns,  on  account  of  freights  or 
transportation  over  its  road  of  any  kind,  to  the  amount  of 
payments  made  by  the  United  States  for  interest  upon 
bonds  of  the  United  States  issued  to  any  such  company, 
and  which  shall  not  have  been  reimbursed,  together  with 


S2  THE  EXECUTIVE  DEPARTMENTS. 

the  five  per  centum  of  net  earnings  due  and  unapplied,  as 
provided  by  law.     (K.  S.,  §  5260.) 

243.  He  is  authorized  to  remit,  in  whole  or  in  part,  on 
such  conditions  and  under  such  regulations,  not  inconsist. 
ent  with  law,  as  he  may  prescribe,  the  additional  duty 
secured  by  a  bond  given  for  the  transportation  of  mer- 
chandise from  a  port  in  one  collection  district  to  a  port 
in  another  collection  district;  provided  that  it  shall  be 
proved  to  his  satisfaction  that  the  failure  to  transport  and 
deliver  the  merchandise  according  to  the  conditions  of  the 
bond  occurred  without  willful  negligence  or  fraudulent  in- 
tent on  the  part  of  the  obligors.     (R.  S.,  §  3001.) 

343.  Whenever  any  person  who  shall  have  incurred  any 
fine,  penalty,  forfeiture,  or  disability,  or  may  be  interested 
in  any  vessel  or  merchandise  the  appraised  value  of  which 
is  not  less  than  one  thousand  dollars,  seized  or  subject  to 
seizure,  forfeiture,  or  disability  by  authority  of  any  proviso 
ions  of  law  for  imposing  or  collecting  any  duties  or  taxes, 
or  relating  to  registering,  recording,  enrolling,  or  licensing 
vessels,  or  providing  for  the  suppression  of  insurrections 
;or  unlawful  combinations  against  the  United  States,  shall 
•prefer  his  petition  to  the  judge  of  the  district  in  which  such 
fine,  penalty,  forfeiture,  or  disability  has  accrued,  or  in 
.which  the  property  is  situated,  truly  and  particularly  setting 
fortk  the  circumstances  of  his  case,  and  praying  for  relief, 
it  is  provided  that  the  judge  shall  inquire,  in  a  summary 
manner,  into  the  circumstances  of  the  case ;  first  causing 
reasonable  notice  to  be  given  to  the  person  claiming  such 
^ne,  penalty,  or  forfeiture,  and  to  the  attorney  of  the  United 
States  for  such  district,  that  each  may  have  an  opportu- 
nity of  showing  cause  against  the  mitigation  or  remission 
thereof;  and  shall  cause  the  facts  appearing  upon  such 
inquiry,  together  with  the  evidence,  to  be  stated  and  an- 
nexed to  the  petition,  and  to  be  transmitted  to  the  Secre- 


THE   COLLECTION  OF  THE  REVENUE.  '  83 

tary  of  the  Treasury.  The  Secretary  thereupon  has  power 
to  mitigate  or  remit  sucji  fine,  &c.,  or  remove  such  disa- 
bility, or  any  part  thereof,  if  in  his  opinion  the  same  was 
incurred  without  willful  negligence,  or  any  intention  of 
fraud  in  the  person  incurring  the  same ;  and  to  direct  the 
prosecution,  if  any  has  been  instituted  for  the  recovery 
thereof,  to  cease  and  be  discontinued,  upon  such  terms  or 
conditions  as  he  may  deem  reasonable  and  just.  (R.  S.,  § 
5292  ;  act  June  22,  1874,  §§  17,  18.) 

244.  He  is  authorized  to  prescribe  such  rules  and  modes 
of  proceeding  to  ascertain  the  facts  upon  which  an  appli- 
cation for  remission  of  a  fine,  penalty,  or  forfeiture  is 
founded,  as  he  deems  proper,  and  upon  ascertaining  them 
to  remit  the  fine,  penalty,  or  forfeiture,  if  in  his  opinion  it 
was  incmred  without  willful  negligence  or  fraud,  in  either 
of  the  following  cases : 

First.  If  the  fine,  penalty,  or  forfeiture  was  imposed  un- 
der authority  of  any  revenue  law,  and  the  amount  does  not 
exceed  one  thousand  dollars. 

Second.  Where  the  case  occurred  within  either  of  the 
collection  districts  in  the  States  of  California  and  Oregon. 

Third.  If  the  fine,  penalty,  or  forfeiture  was  imposed 
under  authority  of  any  provision  of  law  relating  to  the  im- 
portation of  merchandise  from  foreign  contiguous  territory, 
or  relating  to  manifests  for  vessels  enrolled  or  licensed  to 
carry  on  the  coasting  trade  on,  the  northern,  northeastern, 
and  northwestern  frontiers. 

Fourth.  If  the  same  was  imposed  by  authority  of  any  pro- 
visions of  law  for  levying  or  collecting  any  duties  or  taxes, 
or  relating  to  registering,  recording,  enrolling,  or  licensing 
vessels,  and  the  case  arose  within  the  collection  district  of 
Alaska,  or  was  imposed  by  virtue  of  any  provisions  of  law 
relating  to  fur-seals  upon  the  islands  of  St.  Paul  and  St. 
George.     (R.  S.,  §  5293.) 


84  '         THE   EXECUTIVE   DEPAKTMENTS. 

24:S.  The  Secretary  of  the  Treasury  may,  upon  appli- 
cation, remit  or  mitigate  any  fii\e  or  penalty  provided  for 
in  the  laws  relating  to  steam  vessels,  or  discontinue  any 
prosecution  to  recover  penalties  denounced  in  such  laws, 
excepting  the  penalty  of  imprisonment  or  of  removal  from 
office,  upon  such  terms  as  in  his  discretion  shall  seem 
proper.  And  all  rights  granted  to  informers  by  such  laws 
are  held  subject  to  the  power  of  remission,  except  in  cases 
where  the  claims  of  any  informer  shall  have  been  deter- 
mined by  a  competent  court  prior  to  the  application.  He 
has  authority  to  ascertain  the  facts  upon  all  such  applica- 
tions in  such  manner  and  under  such  regulations  as  he  may 
deem  proper.     (R.  S.,  §  5294.) 

^4:6.  It  is  made  his  duty  to  afford  suitable  compensation 
out  of  moneys  specifically  appropriated,  in  certain  cases, 
under  the  customs  revenue  laws,  to  officers  of  customs  and 
other  persons  who  shall  detect  and  seize  goods  in  the  act 
of  being  smuggled,  or  which  have  been  smuggled,  such 
compensation  not  to  exceed  one-half  the  net  proceeds  re- 
sulting from  such  seizure.  (Act  June  22,  1874,  Stats.  18, 
p.  186.) 

247.  It  is  made  his  duty,  in  granting  permits  for  the 
establishment  of  a  general-order  warehouse,  to  require  such 
warehouse  to  be  located  contiguous  or  as  near  as  may  be 
to  the  landing  places  of  steamers  and  vessels  from  foreign 
ports.     (Act  June  22,  1874,  State.  18,  p.  191.) 

248.  He  is  du-ected  to  require  payment  by  the  railroad 
companies  of  all  sums  of  money  due  or  to  become  due  the 
United  States  for  the  five  per  centum  of  the  net  earnings 
provided  for  by  the  act  entitled  "An  act  to  aid  in  the  con- 
struction of  a  railroad  and  telegi'aph  line  from  the  Missouri 
River  to  the  Pacific  Ocean,  and  to  secure  to  the  Govern- 
ment the  use  of  the  same  for  postal,  military,  and  other 
purposes,"  approved  June  1,  1862,  or  by  any  other  act,  in 


THE   COLLECTION   OF   THE   REVENUE.  85 

relation  to  the  companies  named,  or  any  other  of  such 
companies.  In  case  of  neglect  of  either  of  the  said  com- 
panies to  pay  the  same  within  sixty  days  after  demand 
therefor  made  upon  the  treasm'er  of  such  cdmpany,  he 
must  certify  that  fact  to  the  Attorney-General,  who  is  re- 
quired thereupon  to  institute  the  necessary  suits  for  col- 
lection in  the  proper  Circuit  Court  of  the  United  States. 
(Act  June  22,  1874,  ch.  414.) 

249.  When  the  Secretary  of  the  Treasury  shall  be  of 
opinion  that  any  duties  have  been  assessed  and  collected 
in  accordance  with  any  decision  of  his  department  pre- 
viously made,  under  an  erroneous  view  of  the  facts  in  the 
case,  he  may  authorize  a  reexamination  and  reliquidation 
in  such  case,  and  make  refund  in  accordance  with  existing 
laws,  as  the  facts  so  ascertained  shall  in  his  opinion  justify ; 
provided  protest  and  appeal  shall  have  been  made  as  re- 
quu-ed  by  law.     (Act  March  3,  1875,  ch.  136.) 

250.  No  ruling  or  decision  once  made  by  the  Secretary 
of  the  Treasury,  giving  construction  to  any  law  imposing 
duties,  may  be  reversed  or  modified  adversely  to  the  United 
States  by  the  same  or  a  succeeding  Secretary,  except  on 
concurrence  in  an  opinion  of  the  Attorney-General  recom- 
mending the  same,  or  in  accordance  with  a  judicial  decision 
of  a  Circuit  or  District  Court  of  the  United  States  conflict- 
ing with  such  ruling  or  decision,  and  from  which  the  Attor- 
ney-General shall  certify  that  no  appeal  or  writ  of  error  will 
be  taken  by  the  United  States ;  provided  that  the  Secretary 
of  the  Treasury  may  decline  to  acquiesce  in  the  judgment, 
decision,  or  ruling  of  an  inferior  comt  upon  any  question 
affecting  the  interests  of  the  United  States,  when  in  his 
opinion  such  interests  require  a  final  adjudication  in  a  court 
of  last  resort.  He  is  required,  in  his  annual  report  to  Con- 
gi-ess,  to  give  a  detailed  statement  of  the  various  sums  of 
money  refunded  under  any  act  relating  to  the  revenue; 


m  THE  EXECUTIVE  DEPARTMENTS. 

also  to  submit  therewith  copies  of  the  rulings  under  which 
repayments  were  made.     (Act  March  3,  1875,  §§  1,  2,  4.) 

301.  When  any  final  judgment  recovered  against  the 
United  Stafes,  or  other  claim  duly  allowed  by  legal  author- 
ity, is  presented  to  the  Secretary  of  the  Treasury  for  pay- 
ment, and  the  plaintiff  or  claimant  therein  is  indebted  to 
the  United  States,  whether  as  principal  or  surety,  it  is  re- 
quired of  the  Secretary  to  withhold  payment  of  an  amount 
of  such  judgment  or  claim  equal  to  the  debt  thus  due  to 
the  United  States.  If  such  plaintiff  or  claimant  assents  to 
the  set-off  or  discharges  his  judgment,  or  an  amount  equal 
to  said  debt  or  claim,  the  Secretary  is  directed  to  execute  a 
discharge  of  the  debt  due  from  the  plaintiff  to  the  United 
States.  But  if  such  plaintiff  or  claimant  denies  his  indebt- 
edness to  the  United  States,  or  refuses  to  consent  to  the 
set-off,  then  the  Secretary  must  withhold  payment  of  so 
much  of  the  judgment  or  claim  as  will  cover  the  indebt- 
edness of  the  plaintiff  or  claimant  to  the  United  States, 
together  with  a  sum  sufficient  to  cover  all  legal  charges 
and  costs  of  prosecuting  the  debt  of  the  United  States  to 
judgment.  It  then  becomes  the  duty  of  the  Secretary,  if 
the  claim  of  the  United  States  is  not  already  in  suit,  to 
prosecute  the  same  to  judgment  with  reasonable  dispatch. 
And  if  in  such  action  judgment  shall  be  rendered  against 
the  United  States,  or  the  amount  recovered  for  debt  and 
costs  shall  be  less  than  the  amount  so  withheld,  as  before 
mentioned,  the  balance  must  then  be  paid  over  to  such 
claimant  by  the  Secretary,  with  six  per  cent,  interest  there- 
on from  the  time  it  has  been  withheld.  (Act  of  March  3, 
1875,  ch.  149.) 

2.  The  Safe-keeping  and  Disbursement  of  the  Public  Money, 

3t$3.  The  Secretary  of  the  Treasury  is  required  to  direct 
the  penal  amount  of  the  official  bonds  of  all  disbursing 
officers  of  his  department.    (R.  S.,  §  176.) 


259,  He  may  delegate,  under  his  hand  and  official  seal, 
to  one  of  the  Assistant  Secretaries  of  the  Treasury,  authority 
to  sign  in  his  stead  all  warrants  for  the  payment  of  money 
into  the  public  Treasury,  and  all  warrants  for  the  disburse- 
ment therefrom  of  money  certified  by  the  proper  account- 
ing officers  of  the  Treasury  to  be  due  upon  accounts  duly 
audited  and  settled  by  them.     (E.  S.,  §  246.) 

254i:»  He  is  authorized  to  receive  deposits  of  gold  coin 
and  bullion  with  the  Treasurer  or  any  Assistant  Treasurer 
of  the  United  States,  in  sums  not  less  than  twenty  dollars, 
and  to  issue  certificates  therefor,  in  denominations  of  not 
less  than  twenty  dollars  each,  corresponding  with  the  de- 
nominations of  the  United  States  notes.  And  he  may  issue 
certificates  representing  coin  in  the  Treasury  in  payment 
of  interest  on  the  public  debt,  which  certificates,  together 
with  those  issued  for  coin  and  bullion  deposited,  shall  not 
at  any  time  exceed  twenty  per  centum  beyond  the  amount 
of  coin  and  bullion  in  the  Treasury.  These  certificates  are 
to  be  received  at  par  in  payment  of  duties  on  imports.  (R. 
S.,  §  254.) 

255*  He  is  required  to  make,  among  other  reports  to 
Congress,  one  on  the  finances,  containing  estimates  of  the 
public  revenue  and  expenditures  for  the  current  fiscal  year ; 
also  plans  for  improving  and  increasing  the  revenue  from 
time  to  time ;  also  a  statement  of  all  contracts  for  supplies 
or  services  which  have  been  made  by  him  or  under  his  di- 
rection during  the  year  preceding ;  also  a  statement  of  the 
expenditure  of  moneys  appropriated  for  the  discharge  of 
miscellaneous  claims.     (R.  S.,  §  257.) 

He  is  also  required  to  lay  before  Congress  at  each  regu- 
lar session  a  statement  of  the  amount  of  money  expended 
at  each  custom-house  during  the  preceding  fiscal  year, 
the  number  of  persons  employed,  and  the  occupation  and 
salary  of  each  person  at  each  custom-house  during  the 
same  period.    (R.  S.,  §  258.) 


88  THE  EXECUTIVE  DEPARTMENTS. 

306.  He  is  required,  at  the  expiration  of  thirty  days 
from  the  end  of  each  quarter,  to  publish  in  a  newspaper  at 
the  seat  of  government  a  statement  of  the  whole  receipts 
of  such  quarter,  specifying  the  amount  received  from  cus- 
toms, from  public  lands,  and  from  miscellaneous  sources  ; 
and  also  of  the  whole  amount  of  payments  made  during 
the  quarter,  specifying  the  general  head  of  appropriations, 
whether  for  the  civil  list,  the  army,  the  navy,  Indian  affairs, 
fortifications,  or  pensions.     (R.  S.,  §  266.) 

257.  The  Secretary  of  the  Treasury  is  directed  to  pub- 
lish in  some  newspaper  at  the  seat  of  government,  on  the 
first  day  of  each  month,  the  last  preceding  weekly  state- 
ment of  the  Treasurer  of  the  United  States,  showing  the 
amount  to  his  credit  in  the  different  banks,  in  the  mint,  or 
other  depositories,  the  amount  for  which  drafts  have  been 
given,  and  those  remaining  unpaid,  and  the  balance  re- 
maining subject  to  his  draft;  also  to  specially  note  any 
changes  that  have  been  made  in  the  depositories  of  the 
Treasury  during  the  preceding  month,  and  report  to  Con- 
gress, at  the  commencement  of  its  next  session,  the  reasons 
for  such  changes.     (R.  S.,  §  267.) 

ft5S.  He  may  designate  any  officer  of  the  United  States 
who  has  given  bonds  for  the  faithful  performance  of  his 
duties  to  be  disbursing  agent  for  the  payment  of  moneys 
appropriated  for  the  construction  of  public  buildings  in 
the  district  of  such  officer.     (R.  S.,  §  255.) 

S«S9.  He  may  designate  collectors  of  internal  revenue, 
to  act  as  disbursing  agents,  in  respect  of  the  expenses  of 
collecting  the  taxes  and  of  other  expenditures  for  the  in- 
ternal revenue  service,  within  their  respective  districts,  on 
giving  good  and  sufficient  bond,  &c.     (R.  S.,  §  3444.) 

^60.  He  may  designate  one  or  more  depositories  in  each 
State  for  the  deposit  and  safe-keeping  of  money  collected 
by  virtue  of  the  internal-revenue  laws.     (R.  S.,  §  3211.) 


THE   PUBLIC   MONETS.  89 

361.  He  may  issue  his  warrant  for  the  payment  of  an 
allowance  of  drawback  equal  to  the  amount  of  the  tax  paid 
on  fermented  liquors,  and  on  all  articles  mentioned  in 
schedule  A  of  section  3437  of  the  Revised  Statutes,  except 
lucifer  or  friction  matches,  cigar  lights  and  wax  tapers, 
when  exported ;  provided  that  no  allowance  of  drawback 
shall  be  made  for  any  amount  claimed  or  due  less  than 
ten  dollars,  nor  on  any  article  exported  prior  to  March  31, 
1868.    (R.  S.,  §  3441.) 

S^^.  He  directs  the  penal  amount  of  the  official  bonds 
of  all  Assistant  Treasurers,  and  officers  of  any  mint  or  assay 
office  authorized  by  law  to  act  as  Assistant  Treasurers,  and 
requhes  such  officers  from  time  to  time,  as  may  be  neces- 
sary in  his  discretion,  to  renew,  strengthen,  and  increase 
their  official  bonds.     (R.  S.,  §  3600.) 

SOS.  He  may  employ  special  agents  to  be  charged 
with  the  disbursement  of  public  moneys,  who  shall  give 
bond  in  such  form  and  with  such  security  as  he  may 
approve.     (R.  S.,  §  3614.) 

S64:.  It  is  his  duty,  as  often  as  once  in  each  week,  and 
as  much  oftener  as  he  may  deem  proper,  to  direct  collectors 
and  receivers  of  public  moneys  of  every  description  within 
the  District  of  Columbia,  the  cities  of  New  York,  Boston, 
Philadelphia,  New  Orleans,  San  Francisco,  Baltimore,  St. 
Louis,  and  Charleston,  to  pay  into  the  Treasury  all  public 
moneys  collected  by  them  or  in  their  hands.  (R.  S.,  § 
3615.) 

The  like  authority  in  the  Secretary  as  to  all  other  officers 
and  persons  having  public  moneys  in  their  hands,  is  implied 
by  section  5492  of  the  Revised  Statutes. 

2^5,  In  places  where  there  is  no  Treasurer  or  Assistant 
Treasurer,  the  Secretary  of  the  Treasury,  when  he  deems  it 
essential,  may  specially  authorize  in  writing  the  deposit  of 
public  moneys  intrusted  to  a  disbursing  officer  for  disburse- 


90   .  THE  EXECUTIVE  DEPARTMENTS. 

ment  in  any  other  public  depository,  or  authorize  the  same 
to  ,be  kept  in  any  other  manner  and  under  such  regulations 
as  he  may  deem  most  safe  and  effectual  to  facilitate  the 
payments  to  public  creditors.     (R.  S.,  §  3620.) 

360.  The  Secretary  may,  excepting  as  to  moneys  be- 
longing to  the  postal  service,  transfer  the  money  in  the 
hands  of  any  depositary  of  public  moneys  to  the  Treasury 
of  the  United  States,  to  the  credit  of  the  Treasurer ;  and  he 
may  transfer  such  moneys  in  the  hands  of  one  depositary 
to  any  other  depositary,  as  the  safety  of  the  same  and  public 
convenience  may  seem  to  him  to  require.     (R.  S.,  §  3640.) 

367.  He  is  authorized  to  cause  examinations  to  be  made 
of  the  boolis,  accounts,  and  money  on  hand  of  the  several 
depositaries,  and  for  that  purpose  to  appoint  special  agents 
as  may  be  required,  and  to  fix  their  compensation,  not  ex- 
ceeding six  dollars  per  day  and  travelling  expenses.  (R.  S., 
§  3649.) 

368.  He  may  direct,  as  often  as  he  shall  deem  proper, 
each  naval  officer  and  surveyor  of  a  port,  as  a  check  upon 
the  assistant  treasurer  or  the  collector  of  customs  of  their 
respective  districts;  each  register  of  a  land  office,  as  a 
check  upon  the  receiver  of  his  land  office ;  and  the  di- 
rector and  superintendent  of  each  mint  and  branch  mint, 
as  a  check  upon  the  treasurers  respectively  of  the  mints  or 
the  persons  acting  as  such,  to  make  examinations  of  the 
books,  accounts,  returns,  and  money  on  hand  of  the  assist- 
ant treasurers,  collectors,  receivers  of  land  offices,  treasur- 
ers of  the  mints  and  branch  mints,  and  persons  acting  as 
such.     (R.  S.,  §  3650.) 

369.  It  is  the  duty  of  the  Secretary  of  the  Treasury  to 
immediately  suspend  from  duty  any  disbursing  officer  who 
shall  exchange  his  funds  other  than  for  gold,  silver.  United 
States  or  national-bank  notes,  or  who,  when  the  means  of 
his  disbursements  are  furnished  him  in  gold,  silver.  United 


THE  PUBLIC  MONEYS.  91 

States  or  national-bank  notes  or  drafts,  shall  not  make  pay- 
ments in  the  funds  so  furnished  or  in  funds  received  for 
the  said  drafts.  Upon  such  suspension  he  is  directed  to 
report  the  same  to  the  President,  and  all  the  facts  and  cir- 
cumstances, to  the  end  that  such  officer  may  be  promptly 
removed  from  office  or  restored  to  duty.     (R.  S.,  §  3651.) 

570.  He  may  authorize  the  allowance  to  the  officers 
whose  duty  it  is  to  receive,  keep,  or  disburse  public  moneys, 
of  any  necessary  additional  expenses  for  clerks,  fire-proof 
chests  or  vaults,  or  other  objects  of  expenditure  in  the 
safe-keeping,  transferring,  or  disbursing  of  public  moneys. 
(R.  S.,  §3653.) 

571.  He  may  authorize  a  compensation  to  be  paid  col- 
lectors of  customs,  not  exceeding  one-quarter  of  one  per 
centum  of  the  amount  disbursed  by  them,  from  the  appro- 
priations for  the  construction  of  custom-houses,  court- 
houses, post  offices,  and  marine  hospitals ;  and  where  there 
is  no  collector  at  the  place  of  location  of  any  of  these 
structures  he  may  appoint  a  disbursing  agent  for  the  pay- 
ment of  the  moneys  so  appropriated,  with  such  compensa- 
tion as  he  may  deem  equitable.     (R.  S.,  §§  3657,  3658.) 

272»  He,  together  with  other  heads  of  departments,  in 
communicating  estimates  of  expenditures  and  appropria- 
tions to  Congress  or  to  any  of  the  committees  thereof,  must 
specify  as  nearly  as  may  be  convenient  the  sources  from 
which  such  estimates  are  derived,  and  the  calculations  upon 
which  they  are  founded,  discriminating  between  such  esti- 
mates as  are  conjectural  and  such  as  are  framed  upon  actual 
information  and  applications  from  disbursing  officers.  Ref- 
erence is  required  to  be  made  to  any  law  or  treaty  by  which 
the  proposed  expenditures  are  respectively  authorized,  spec- 
ifying the  date,  the  volume  or  page  of  the  statutes,  or  sec- 
tion of  the  act  in  which  the  authority  is  to  be  found.  (R. 
S.,  §  3660.)    He  is  required  also  to  include  in  his  annual 


92  THE  EXECUTIVE  DEPARTMENTS. 

estimates  such  sum  or  sums  as  he  may  deem  necessary  for 
printing  and  binding,  to  be  executed  under  the  direction  of 
the  Congressional  Printer.  (R.  S.,  §  3661.)  K  the  estimates 
ask  an  appropriation  for  any  new  specific  expenditure,  such 
as  the  erection  of  a  public  building  or  the  construction  of 
a  public  work  requiring  a  plan  before  the  building  or  work 
can  be  properly  completed,  such  estimates  must  be  accom- 
panied by  full  plans  and  detailed  estimates  of  the  cost  of 
the  whole  work.  All  subsequent  estimates  for  any  such 
work  must  state  the  original  estimated  cost,  the  aggregate 
amount  therefor  appropriated,  and  the  amount  actually 
expended  thereon,  as  well  as  the  amount  asked  for  the  cur- 
rent year.  And  if  the  amount  asked  is  in  excess  of  the  orig- 
inal estimate,  the  full  reasons  for  the  excess,  and  the  extent 
of  the  anticipated  exqess,  must  be  also  stated.  (R.  S.,  § 
3663.) 

ii7S,  And  when  the  usual  items  of  such  annual  esti- 
mates for  his  department  vary  materially  in  amount  from 
the  appropriation  ordinarily  asked  for  the  object  named, 
and  especially  from  the  appropriation  granted  for  the  same 
objects  for  the  preceding  year,  and  whenever  new  items  not 
theretofore  usual  are  introduced  into  such  estimates  for  any 
year,  the  law  requires  that  the  same  shall  be  accompanied 
by  minute  and  full  explanations  of  all  such  variations  and 
new  items,  showing  the  reasons  and  grounds  upon  which  the 
amounts  are  required.  (R.  S.,  §  3664.)  It  is  required  that 
these  estimates  shall  designate  also  the  amount  of  the  out- 
standing appropriation,  if  there  be  any,  which  will  probably 
be  required  for  each  particular  item  of  expenditure,  (R.  S., 
§  3665,)  and  the  amounts  respectively  of  appropriations 
made  for  all  objects  on  account  of  the  public  service  of 
the  year  by  former  acts.     (R.  S.,  §  3670.) 

S74.  In  the  book  of  estimates  to  be  prepared  annually 
under  the  direction  of  the  Secretary  of  the  Treasury,  that 


THE  PUBLIC   MONEYS.  93 

officer  is  required  to  include  all  estimates  of  the  several 
departments  which  by  law  are  required  to  be  submitted  to 
Congress  through  him.     (K.  S.,  §  3669.) 

275,  All  moneys  appropriated  to  the  several  depart- 
ments, excepting  those  for  the  payment  of  the  postal  service 
which  are  subject  to  the  warrant  of  the  Postmaster-Greneral, 
can  be  drawn  from  the  Treasury  only  by  warrants  of  the 
Secretary  of  the  Treasury,  upon  the  requisitions  made  by 
the  heads  of  those  departments  respectively,  countersigned 
by  the  proper  Comptroller  and  registered  by  the  proper 
Auditor.     (R.  S.,  §§269,  273,  3673.) 

d70.  All  warrants  drawn  by  the  Secretary  of  the  Treas- 
ury must  specify  the  particular  appropriation  to  which  the 
same  should  be  charged ;  and  the  moneys  paid  by  virtue  of 
such  warrants  must,  in  conformity  therewith,  be  charged  to 
such  appropriation  on  the  books  of  the  Secretary  of  the 
Treasury,  First  Comptroller,  and  Register.  (R.  S.,  §  3675.) 
377.  The  Secretary  of  the  Treasury  is  required  to  re- 
port to  the  Auditor  of  the  Treasury,  whose  duty  it  is  to 
settle  accounts  thereunder,  all  balances  of  appropriations 
remaining  on  the  books  without  having  been  drawn  against 
for  two  years  from  the  date  of  the  last  appropriation  ;  and 
if  it  shall  appear  from  the  certificate  of  the  Auditor  that 
such  balances  will  not  be  required  in  the  settlement  of  ac- 
counts pending  in  his  office,  then  the  Secretary  may  include 
such  balances  in  his  surplus-fund  warrant.  But  no  appro- 
priation for  payment  of  interest  or  principal  of  the  public 
debt,  or  other  permanent  appropriation,  can  be  thus  treat- 
ed.    (R.  S.,  §  3691.) 

278.  A  subsequent  act  (approved  June  20,  1874  ;  Stats. 
18,  p.  Ill)  provides  that  the  Secretary  shall,  from  and  after 
the  1st  of  July  of  each  year,  cause  all  unexpended  balances 
which  shall  have  remained  on  the  books  of  the  Treasury  for 
two  fiscal  years  to  be  carried  to  the  surplus  fund  and 


94  THE  EXECUTIVE  DEPARTMENTS. 

covered  in  the  Treasury.  From  that  provision  is  excepted, 
however,  permanent  specific  appropriations,  appropriations 
for  rivers,  harbors,  light-houses,  fortifications,  public  build- 
ings, the  pay  of  the  navy  and  marine  corps,  and  the  appro- 
priation of  December  21,  1871,  for  expenses  under  treaty 
with  Great  Britain  of  May  8,  1871. 

279,  He  may  designate  national  banking  associations 
as  depositaries  of  public  money,  excepting  for  receipts 
from  customs ;  and  thereupon  it  is  his  duty  to  require  of 
such  associations  satisfactory  security,  by  the  deposit  of 
United  States  bonds  and  otherwise,  for  the  safe-keeping 
and  prompt  payment  of  the  public  money  deposited  with 
them,  and  for  the  faithful  performance  of  their  duties  as 
financial  agents  of  the  Grovernment.     (R.  S.,  §  5153.) 

3.  The  Support  and  Management  of  the  Public  Credit. 

380.  The  Secretary  of  the  Treasury  is  required  to  make 
and  issue  from  time  to  time  such  instructions  and  regula- 
tions to  the  collectors,  receivers,  depositaries,  officers,  and 
others  who  may  receive  Treasury  notes.  United  States  notes, 
or  other  securities  of  the  United  States,  or  who  may  be  en- 
gaged or  employed  in  the  preparation  and  issue  of  the 
same,  as  he  may  deem  best  calculated  to  promote  the  pub- 
lic convenience  or  security,  and  to  protect  the  United 
States  as  well  as  individuals  from  fraud  and  loss.  (R.  S.,  § 
251.) 

281.  He  may  prescribe  the  denominations  of  United 
States  notes,  not  less  than  one  tiollar,  and  in  such  form  as 
he  may  deem  best ;  also  the  form  of  the  notes  of  the  frac- 
tional currency,  with  safeguards  against  counterfeiting ;  and 
he  may  make  regulations  for  the  exchange  of  the  latter  into 
United  States  notes  in  sums  of  not  less  than  three  dollars ; 
also  for  the  redemption  of  the  same  in  such  sums  as  he  may 
prescribe.    (R.  S.,  §§  3572,  3574.) 


THE   SUPPORT   OF  THE  PUBLIC   CREDIT.  95 

2S2.  He  may  provide  for  the  engraving  and  prepara- 
tion and  for  the  issue  of  fractional  and  other  notes,  and 
may  make  regulations  for  the  redemption,  by  the  issue  of 
other  notes  in  their  place,  of  such  notes  when  mutilated  or , 
defaced,  and  for  the  receipt  of  fractional  notes  in  payment 
of  debts  due  to  the  United  States,  except  for  customs,  in 
such  sums,  not  over  five  dollars,  as  may  appear  to  him  ex- 
f  pedient.  He  may  provide  for  such  engraving,  printing, 
and  execution  of  the  notes  at  the  Treasury  Department 
under  his  direction,  if  he  deems  it  inexpedient  to  procure 
them  to  be  engraved  and  printed  by  contract ;  and  he  may 
purchase  and  provide  the  machinery  and  materials,  and 
employ  such  persons  for  this  purpose  as  may  be  necessary. 
(R.  S.,  §§  3575,  3577,  3580.) 

S83.  The  Secretary  of  the  Treasury  is  required  to  set 
apart  as  a  sinking  fund  so  much  of  the  gold  coin  received 
from  the  payment  of  the  duties  on  imported  goods,  and  the 
interest  that  may  accrue  thereon,  as  may  be  necessary  to 
purchase  or  pay  within  each  fiscal  year  one  per  centum  of 
the  entire  public  debt,  and  to  keep  in  the  Treasury  Depart- 
ment a  detailed  record  of  all  bonds  applied  to  that  fund, 
and  of  all  other  United  States  bonds  cancelled  and  de- 
stroyed. 

284.  He  is  authorized,  with  any  coin  in  the  Treasmy 
which  he  may  lawfully  apply  to  such  purpose,  or  which  may 
be  derived  from  the  sale  of  any  of  the  bonds  which  he  may 
be  authorized  to  dispose  of  for  that  purpose,  to  pay  at  par 
and  cancel  any  six  per  centum  bonds  of  the  United  States, 
of  the  kind  known  as  five-twenty  bonds,  which  have  become 
or  shall  become  redeemable  by  the  terms  of  their  issue. 
But  the  particular  bonds  so  to  be  paid  and  cancelled  are 
in  all  cases  to  be  indicated  and  specified  by  class,  date,  and 
number,  in  the  order  of  their  numbers  and  issue,  begin- 
ning with  the  first  numbered  and  issued,  in  a  public  notice 


96  THE   EXECUTIVE  DEPARTMENTS. 

to  be  given  by  him.  It  is  provided  that  in  three  months 
after  the  date  of  such  public  notice  the  interest  on  the 
bonds  so  selected  and  advertised  to  be  paid  shall  cease. 
(K.  S.,  §  3697.) 

2SS,  He  is  required  to  cause  to  be  paid,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  any  in- 
terest falling  due  or  accruing  on  any  portion  of  the  public 
debt  authorized  by  law.     (R.  S.,  §  3698.) 

98©.  He  may  anticipate  the  payment  of  interest  on  ihe 
public  debt,  by  a  period  not  exceeding  one  year,  from  time 
to  time,  either  with  or  without  a  rebate  of  interest  upon 
the  coupons,  as  to  him  may  seem  expedient ;  and  he  is 
authorized  to  dispose  of  any  gold  in  the  Treasury  of  the 
United  States  not  necessary  for  the  payment  of  interest  of 
the  public  debt ;  provided  the  obligation  to  create  the  sink- 
ing fund  shall  not  be  impaired  thereby.     (R.  S.,  §  3699.) 

2^7,  He  may  purchase  coin  with  any  of  the  bonds  or 
notes  of  the  United  States  authorized  by  law,  at  such  rates 
and  upon  such  terms  as  he  may  deem  most  advantageous 
to  the  public  interest.     (R.  S.,  §  3700.) 

S88.  Whenever  it  appears,  by  clear  and  unequivocal 
proof,  that  any  interest-bearing  bond  of  the  United  States 
has,  without  bad  faith  upon  the  part  of  the  owner,  been 
destroyed,  wholly  or  in  part,  or  so  defaced  as  to  impair  its 
value  to  the  owner,  and  such  bond  is  identified  by  number 
and  description,  the  Secretary  of  the  Treasury  is  authorized, 
under  such  regulations  and  with  such  restrictions  as  to  time 
and  retention,  for  security  or  otherwise,  as  he  may  prescribe, 
to  issue  a  duplicate  thereof,  having  the  same  time  to  run, 
bearing  like  interest  as  the  bond  so  proved  to  have  been 
destroyed  or  defaced,  and  so  marked  as  to  show  the  orig- 
inal number  of  the  bond  destroyed  and  the  date  thereof. 
But  when  such  destroyed  or  defaced  bonds  appear  to  have 
been  of  such  a  class  or  series  as  has  been  or  may  be  called 


THE  SUPPORT  OF  THE  PUBLIC  CREDIT.      97 

in  for  redemption  before  such  application,  it  is  provided 
that,  instead  of  duplicates  being  issued  thereof,  they  shall 
be  paid,  with  such  interest  only  as  would  have  been  paid  if 
they  had  been  presented  in  accordance  with  any  call  there- 
for.    (R.  S.,  §  3702.) 

289.  The  owner  of  such  destroyed  or  defaced  bond 
must  surrender  the  same,  or  so  much  thereof  as  may  re- 
main, and  file  in  the  Treasury  a  bond,  in  a  penal  sum  of 
double  the  amount  of  the  destroyed  or  defaced  bond  and 
the  interest  which  would  accrue  thereon  until  the  princi- 
pal becomes  due  and  payable,  with  two  good  and  suffi- 
cient sureties,  residents  of  the  United  States,  to  be  ap- 
proved by  the  Secretary  of  the  Treasury,  with  condition 
to  indemnify  and  save  harmless  the  United  States  from 
any  claim  upon  such  destroyed  or  defaced  bond.  (R.  S., 
§  3703.) 

290.  The  Secretary  may  likewise  issue  a  duplicate  of  a 
registered  bond  proved  by  satisfactory  evidence  to  have 
been  lost  or  destroyed,  the  owner  to  give  bond  as  in  the 
case  of  other  destroyed  or  defaced  bonds.  (R.  S.,§§  3704, 
3705.) 

291.  He  is  also  authorized  to  issue,  upon  such  terms  and 
regulations  as  he  may  prescribe,  registered  bonds  in  ex- 
change for  and  in  lieu  of  any  coupon  bonds  which  have 
been  or  may  be  lawfully  issued  ;  such  registered  bonds  to 
be  similar  in  all  respects  to  the  registered  bonds  issued 
under  the  acts  authorizing  the  issue  of  the  coupon  bonds 
offered  for  exchange.     (R.  S.,  §  8706.) 

292.  He  may  issue  an  equal  amount  at  par,  of  principal 
and  interest,  of  five  per  centum  bonds  of  the  funded  loan 
under  the  act  of  July  14,  1870,  and  the  amendatory  act  of 
January  20,  1871,  for  any  of  the  bonds  of  the  loan  of  1858 
which  the  holders  thereof  may,  on  or  before  February  1, 
1874,  elect  to  exchange  for  the  five  per  centum  bonds. of 

7 


98  THE  EXECUTIVE  DEPARTMENTS. 

the  said  funded  loan,  with  interest  from  January  1,  1874. 
(Act  December  17,  1873,  Stats.  18,  p.  1.) 

393.  The  Secretary  of  the  Treasury  is  required  to  make 
provision  for  the  registration  of  the  District  of  Columbia 
three-sixty-five  per  cent,  bonds  issued  under  authority  of 
the  act  of  June  20,  1874.     (Stats.  18,  p.  120.) 

S04.  The  Secretary  is  authorized,  in  order  to  pay  certain 
judgments  awarded  by  the  "  Court  of  Commissioners  of  Ala- 
bama Claims,"  to  issue  when  necessary  and  sell  at  public 
sale,  after  ten  days'  notice  of  the  time  and  place  of  sale, 
at  not  less  than  par  in  coin,  a  sufficient  number  of  coupon 
or  registered  bonds  of  the  United  States,  in  such  form  as  he 
may  prescribe,  in  denominations  of  fifty  dollars  or  some 
multiple  of  that  sum,  redeemable  in  coin,  at  the  pleasure 
of  the  United  States,  after  ten  years  from  the  date  of  issue, 
and  bearing  interest,  payable  quarterly  in  coin,  at  the  rate 
of  five  per  centum  per  annum.     (Stats.  18,  p.  248.) 

SO^.  He  is  required  to  issue,  set  apart,  and  hold  as  a 
permanent  fund,  in  trust  for  the  Ute  Indians,  an  amount 
of  five  per  centum  bonds  of  the  United  States  sufficient  to 
yield  an  interest  of  twenty-five  thousand  dollars  per  annum, 
which  interest  shall  be  paid  annually,  as  the  President  may 
du-ect,  for  the  benefit  of  said  Indians.     (Stats.  18,  p.  41.) 

^O®.  He  is  required,  as  rapidly  as  practicable,  to  cause 
the  coinage  of  silver  coins  of  the  denominations  of  ten, 
twenty-five,  and  fifty  cents,  and  to  issue  them  through  the 
mints,  sub-treasuries,  public  depositaries,  and  post  offices 
of  the  United  States,  in  his  discretion,  in  redemption  of  an 
equal  amount  and  number  of  fractional  currency  of  similar 
denominations,  until  the  whole  amount  of  such  fractional 
currency  outstanding  shall  be  redeemed ;  and  the  fractional 
currency  so  redeemed  is  to  be  held  as  part  of  the  sinking 
fund  provided  for  by  existing  law.  (Act  January  14,  1875, 
Stats.  18,  p.  296 ;  Stats.  19,  p.  33.) 


THE  SUPPORT   OF  THE  PUBLIC   CREDIT.  99 

SOT.  He  is  required,  in  case  of  the  increase  of  the  cir- 
culating notes  of  national  banking  associations,  to  redeem 
the  legal-tender  United  States  notes,  in  excess  only  of  three 
hundred  millions  of  dollars,  to  the  amount  of  eighty  per 
centum  of  the  sum  of  national-bank  notes  so  increased, 
and  to  continue  such  redemption  as  such  circulating  notes 
are  increased,  until  there  shall  be  outstanding  the  sum  of 
three  hundred  million  dollars  of  such  legal-tender  notes, 
and  no  more.  And  after  the  1st  of  January,  1879,  he  is 
required  to  redeem,  in  coin,  the  United  States  legal-tender 
notes  then  outstanding,  on  their  presentation  for  redemp- 
tion, at  the  office  of  the  Assistant  Treasurer  of  the  United 
States  at  New  York,  in  sums  of  not  less  than  fifty  dollars ; 
and  for  this  purpose  he  is  authorized  to  use  any  surplus 
revenues  from  time  to  time  in  the  Treasury  not  otherwise 
appropriated,  and  to  issue,  sell,  and  dispose  of,  at  not  less 
than  par  in  coin,  either  of  the  descriptions  of  United  States 
bonds  described  in  the  act  of  July  14,  1870,  entitled  "  An 
act  to  authorize  the  refunding  of  the  national  debt,"  with 
like  qualities,  privileges,  and  exemptions  to  the  extent  nec- 
essary, and  to  use  the  proceeds  for  the  purpose  of  such 
redemption.     (Act  January  14,  1875,  Stats.  18,  p.  296.) 

308.  The  Secretary  is  authorized,  at  such  times  as  may 
be  necessary  for  the  purpose  of  obtaining  bonds  for  the 
sinking  fund  in  compliance  with  sections  3694  to  3697  in- 
clusive of  the  Revised  Statutes  of  the  United  States,  to  give 
public  notice  that  he  will  redeem,  in  coin,  at  par,  any  bonds 
of  the  United  States  bearing  interest  at  the  rate  of  six  per 
centum,  of  the  kind  known  as  five-twenties.  In  three 
months  after  the  date  of  such  notice  the  interest  on  the 
bonds  so  selected  and  called  for  payment  is  to  cease. 
(Stats.  18,  p.  401.) 

909.  He  may,  under  such  rules  as  will  secure  a  fair  dis- 
tribution through  the  country,  issue  the  silver  coin  at  any 


100  THE  EXECUTIVE  DEPARTMENTS. 

time  in  the  Treasury,  to  an  amount  not  exceeding  ten  mil. 
lion  dollars,  in  exchange  for  an  equal  sum  of  legal-tender 
notes.  The  notes  so  received  in  exchange  are  to  be  kept, 
as  a  special  fund,  separate  from  all  other  moneys  in  the 
Treasury,  and  to  be  reissued  only  upon  the  retirement  and 
destruction  of  a  like  sum  of  fractional  currency  received 
at  the  Treasm-y  in  payment  of  dues  to  the  United  States. 
It  is  provided  that  the  fractional  currency,  when  so  substi- 
tuted, shall  be  destroyed  and  held  as  part  of  the  sinking 
fund.    (Stats.  19,  p.  215.) 

4.  The  Interests  of  Commerce  and  Navigation. 

300«  The  Secretary  of  the  Treasury  is  required  to  make 
a  report  to  Congress,  on  the  first  Monday  of  January  annu- 
ally, containing  the  results  of  the  information  collected 
during  the  preceding  year  by  the  Bureau  of  Statistics  upon 
the  condition  of  the  manufactures,  domestic  trade,  cuiTcn- 
cy,  and  banks  of  the  several  States  and  Territories.  He  is 
required  also  to  cause  the  preparation  of  the  annual  report 
of  that  bureau  according  to  law,  and  to  submit  the  same  to 
Congress  at  as  early  a  day  as  practicable  in  each  regular 
session,  not  later  than  the  first  Monday  in  January.  Also 
to  report  to  that  body  in  detail  the  amount  collected  from 
seamen,  and  the  sum  expended  for  sick  and  disabled  sea- 
men, under  authority  of  the  laws  creating  and  administering 
a  hospital  tax  for  their  benefit.  (R.  S.,  §§  258,  259,  263 ; 
act  February  27,  1877.) 

301.  He  is  required  to  report  to  Congress  an  nually  the 
number  and  names  of  persons  employed  during  the  preced- 
ing fiscal  year  upon  the  coast  survey  and  on  business  con- 
nected therewith,  the  amount  of  compensation  of  every 
kind  respectively  paid  them,  for  what  purpose,  and  the 
length  of  time  employed ;  also  to  report  a  full  statement 
of  all  other  expenditures  made  under  the  direction  of  the 
Superintendent  of  the  Coast  Survey.    (R.  S.,  §  264.) 


INTEKESTS   OF   COMMERCE   AND   NAVIGATION.        101 

309.  On  the  recommendation  of  the  Secretary  of  the 
Treasury,  the  appointment  of  a  Comptroller  of  the  Cur- 
rency is  authorized  by  law,  who,  as  the  head  of  a  bureau 
in  the  Treasury  ]>epartment,  performs  his  duties  under  the 
general  direction  of  that  officer.  The  Secretary  is  also  em- 
powered to  appoint  a  Deputy  Comptroller  of  the  Currency. 
(R.  S.,  §§  324,  327.) 

303*  Under  the  direction  of  the  Secretary  of  the  Treas- 
ury, the  Comptroller  of  the  Currency  causes  plates  and  dies 
to  be  engraved,  and  the  printing  therefrom  of  such  quantity 
of  circulating  notes,  of  specified  denominations,  as  may  be 
required  to  supply  the  national  banking  associations  en- 
titled to  receive  them.  The  Secretary  is  required  also  to 
apportion  the  circulation  of  those  associations  among  the 
several  States  and  Territories  in  a  specified  manner  and 
under  certain  restrictions.     (R.  S.,  §§  5172,  5178.) 

304.  The  Secretary  of  the  Treasury  is  charged  with  the 
general  direction  of  the  coinage  of  the  country,  manufac- 
tured at  the  several  mints,  and  of  the  assay  of  metals  and 
bullion  at  the  different  assay  offices,  under  the  superintend- 
ence of  the  Director  of  the  Mint ;  also  of  the  distribution, 
circulation,  and  redemption  of  the  gold,  silver,  and  minor 
coins ;  also  of  the  purchase  of  metal  for  the  purposes  of 
coinage,  and  of  the  recoinage  of  foreign  coins  into  the 
coinage  of  the  United  States.  (R.  S.,  §§  343,  345,  3495  ; 
acts  July  22, 1876,  and  February  28, 1878.) 

30^.  The  Secretary  of  the  Treasury  is  empowered  to 
authorize  the  killing,  within  the  limits  of  Alaska  Territory, 
or  its  waters,  of  any  mink,  marten,  sable,  or  other  fur-bear- 
ing animal,  under  regulations  which  he  may  prescribe  ;  and 
to  provide  for  the  execution  of  the  law  for  the  protection 
of  fur-bearing  animals  within  that  Territory.  He  may  au- 
thorize the  arrest  of  persons  or  the  seizure  of  vessels  or 
merchandise  subject  to  fines,  penalties,  or  forfeiture  under 


102        THE  EXECUTIVE  DEPARTMENTS. 

the  laws  extending  protection  to  such  animals ;  and  he  may 
remit  such  fines,  penalties,  and  forfeitures  by  virtue  of  the 
powers  given  him,  as  in  other  cases ;  and  to  that  end  he  has 
authority  to  ascertain  the  facts  in  such  manner  as  he  may 
deem  proper. 

He  has  the  power  by  law,  on  the  expiratten  or  forfeiture 
of  the  lease  made  to  the  Alaska  Commercial  Company  pur- 
suant to  the  provisions  of  the  act  of  July  1,  1870,  or  on  the 
termination  of  any  future  lease,  to  lease  to  proper  and 
responsible  parties,  for  the  best  advantage  of  the  United 
States,  having  due  regard  to  the  interests  of  the  inhabitants, 
and  to  those  who  have  been"  engaged  in  trade,  and  to  the 
protection  of  the  fisheries,  the  right  of  taking  fur-seals  on 
the  islands  of  St.  Paul  and  St.  George  for  the  term  of  twenty 
years,  at  an  annual  rental  of  not  less  than  fifty  thousand 
dollars,  to  be  properly  secured  to  the  Government.  And 
he  is  required  in  such  case  to  take  bond  from  the  lessees, 
with  securities  in  a  sum  not  less  than  five  hundred  thousand 
dollars,  conditioned  for  the  faithful  observance  of  all  the 
laws  of  Congress  and  regulations  touching  the  taking  of  fur 
animals,  and  the  payment  of  all  dues  and  taxes  accruing  to 
the  United  States  connected  therewith. 

He  may  declare  any  lease  vacated,  if  held  or  operated 
for  the  use  or  benefit  of  any  person  other  than  citizens  of 
the  United  States,  and  terminate  any  lease  on  proof  of  the 
violation  of  the  provisions  of  chapter  3,  title  23,  of  the 
Revised  Statutes. 

He  may  appoint  one  agent  and  three  assistant  agents  for 
the  management  of  the  seal  fisheries  in  Alaska.  (R.  S.,  §§ 
1956, 1957, 1959, 1960,  1962, 1964, 1965, 1969, 1970, 1973 ; 
Stats.  19,  p.  24.) 

300.  He  may  suspend  the  operations  of  the  act  prohib- 
iting the  importation  of  neat  cattle,  or  the  hides  of  neat 
cattle,  as  to  any  foreign  country  or  part  thereof,  when  he 


INTERESTS   OF   COMMERCE   AND  NAVIGATION.       103 

shall  officially  determine  that  such  importation  will  not 
tend  to  the  introduction  or  spread  of  contagious  or  infec- 
tious diseases  among  cattle  of  the  United  States ;  and  he 
is  authorized  to  make  all  necessary  orders  and  regulations, 
and  to  send  copies  of  the  same  to  officers  and  agents  of  the 
United  States  in  foreign  countries.     (R.  S.,  §  2493.) 

SO 7.  He  is  required  to  provide,  by  proper  regulation, 
that  there  shall  be  kept  in  the  Treasiu-y  Department  a  rec- 
ord of  the  name  and  residence  of  any  domestic  manufac- 
turer of  watches,  together  with  a  description  of  his  trade- 
mark and  a  fac  simile  of  the  same,  and  to  cause  one  or 
more  copies  of  the  same  to  be  furnished  to  each  proper 
customs  officer,  in  order  to  aid  such  officer  in  enforcing  the 
prohibition  in  respect  of  the  importation  of  watches,  watch 
cases,  watch  movements,  or  parts  of  watch  movements 
which  shall  copy  or  simulate  the  name  or  trade-mark  of 
any  domestic  manufacturer.     (K  S.,  §  2496.) 

308.  The  Secretary  of  the  Treasury  may  issue  a  regis- 
ter or  enrollment  for  any  vessel  built  in  a  foreign  country, 
whenever  such  vessel  shall  be  wrecked  in  the  United  States, 
and  shall  be  purchased  and  repaired  by  a  citizen  of  the 
United  States,  if  it  sliall  be  proved  to  his  satisfaction  that 
the  repairs  put  upon  such  vessel  are  equal  to  three-fourths 
of  the  cost  of  the  vessel  when  so  repaired,    (R.  S.,  §  4136.) 

309.  He  may  make  such  regulations  as  he  may  deem 
expedient  for  the  nationalization  of  all  vessels  owned  by 
actual  residents  of  the  Territory  of  Alaska  on  the  twentieth 
day  of  June,  eighteen  hundred  and  sixty-seven,  and  which 
continued  to  be  so  owned  up  to  the  date  of  such  national- 
ization.    (R.  S.,  §  4140.) 

310.  It  is  made  his  duty  to  cause  to  be  provided  blank 
certificates  of  registry,  and  such  other  papers  as  may  be 
necessary  for  the  registry  of  vessels,  executed  in  such  man- 
ner and  with  such  marks  as  he  may  direct,  and  to  transmit 


104  THE  EXECUTIVE  DEPARTMENTS. 

from  time  to  time  to  the  collectors  of  the  several  districts 
a  sufficient  number  of  forms  of  the  certificates  of  registry, 
attested  under  the  seal  of  the  Treasury  and  the  hand  of  the 
Register  thereof,  with  proper  blanks,  to  be  filled  by  the  col- 
lectors respectively.     (R.  S.,  §  4157,  4158.) 

311.  The  Secretary  may  direct  a  collector  to  grant  a 
new  certificate  of  registry  to  a  vessel,  when  it  shall  appear 
by  satisfactory  proof  that  the  vessel  has  been  sold  and- 
transferred  by  process  of  law,  that  the  register  of  the  vessel 
has  been  retained  by  the  former  owner,  and  that  the  law  as 
to  registry  of  vessels  has  been  complied  with,  excepting 
wherein  it  is  required  that  the  old  certificate  shall  be  sur- 
rendered.   (R.  S.,  §  4164.) 

31S.  He  is  required  to  provide,  by  regulation  a  system 
of  numbering  registered,  enrolled,  and  licensed  vessels. 
(R.  S.,  §  4177.) 

313.  He  may  cause  yachts  used  exclusively  for  pleas- 
ure, and  designed  as  models  of  naval  architecture,  if  enti- 
tled to  be  enrolled  as  American  vessels,  to  be  licensed  on 
terms  which  will  authorize  them  to  proceed  from  port  to 
port  of  the  United  States,  and  by  sea  to  foreign  ports,  with- 
out entering  or  clearing  at  the  custom-house.  Such  license 
must  be  in  such  form  as  the  Secretary  may  prescribe,  and 
a  bond  must  be  executed  by  the  owner,  in  such  form  and 
amount  as  he  may  also  prescribe,  conditioned  that  the  ves- 
sel shall  not  engage  in  unlawful  trade.     (R.  S.,  §  4214.) 

314:.  The  Secretary  may  establish  such  stations  on  the 
coasts  of  Long  Island  and  New  Jersey  for  affording  aid  to 
shipwrecked  vessels  thereon,  and  may  make  such  changes 
in  the  location  of  the  existing  stations,  and  make  such 
repairs  and  furnish  such  apparatus  and  supplies,  as  may  in 
his  judgment  be  best  adapted  to  the  preservation  of  life 
and  property.  He  may  appoint  at  each  station  a  keeper, 
and  for  each  of  the  coasts  afpresaid  a  superintendent  and 


INTERESTS    OF   COMMERCE   AND   NAVIGATION.  105 

an  assistant  superintendent ;  also  a  superintendent  for  the 
coast  bordering  on  the  Gulf  of  Mexico  ;  and  he  shall  give 
them  proper  instructions  relative  to  the  duties  required. 
He  may  also  employ  crews  of  experienced  surfmen  at  those 
stations,  and  fix  their  compensation.  He  may  also  establish 
such  stations  at  such  light-houses  as  in  his  judgment  shall 
seem  best.     (R.  S.,  §§  4242,  4243,  4244,  424|.) 

31^.  He  may  appoint  a  keeper  for  each  of  the  ten  life- 
saving  stations  on  the  coasts  of  Cape  Cod  and  Block  Island, 
and  he  may  employ  crews  of  experienced  surfmen  at  such 
stations  and  for  such  periods  as  he  may  deem  necessary. 
He  is  directed  to  provide  for  the  establishment  of  ten  life- 
saving  stations  on  the  coasts  of  Maine,  New  Hampshire, 
Massachusetts,  Virginia,  and  North  Carolina,  at  such  points 
as  he  may  deem  necessary,  and  to  designate  two  captains 
of  revenue  marine  service,  under  whose  supervision  all  life- 
saving  stations  shall  be  erected.     (R.  S.,  §§  4247,  4249.) 

316.  He  is  also  authorized  to  acquire  the  right  to  use 
and  occupy  sites  for  life  -  saving  stations,  to  establish  life- 
saving  stations,  life-boat  stations,  and  houses  of  refuge,  for 
the  better  preservation  of  life  and  property  from  shipwreck, 
at  certain  points  on  the  coasts  of  Delaware,  Maryland,  Vir- 
ginia, Florida,  Texas,  Washington  Territory,  Oregon,  Cali- 
fornia, Lake  Ontario,  Lake  Erie,  Lake  Huron,  Lake  Michi- 
gan, and  Lake  Superior;  to  appoint  superintendents  for 
different  coasts,  and  also  a  keeper  for  each  of  the  stations 
and  houses  of  refuge  ;  to  employ  crews  of  experienced  surf- 
men ;  to  accept  the  services  of  volunteer  crews  at  any  of 
the  life -boat  stations;  to  cause  to  be  prepared  medals  of 
honor,  with  suitable  devices,  of  the  first  and  second  class, 
which  shall  be  bestowed  upon  persons  who  may  endanger 
their  lives  in  saving  or  endeavoring  to  save  lives  from  perils 
of  the  sea  within  the  United  States  or  upon  American  ves- 
sels.   (Acts  June  20, 1874 ;  March  3,  1875 ;  June  18, 1878.) 


106  THE   EXECUTIVE   DEPARTMENTS. 

He  is  authorized  to  make  all  necessary  regulations  for 
the  government  of  the  life  -  saving  service  not  inconsistent 
with  law ;  also  to  dispose  of  to  the  best  advantage,  after 
due  condemnation  by  a  board  of  survey,  such  articles  or 
materials  belonging  to  the  service  as  may  from  long  con- 
tinued use  or  other  cause  become  unserviceable.  (Act  June 
20,  1874.) 

He  is  empowered  to  remit  or  mitigate  any  penalty  im- 
posed in  the  act  to  provide  for  this  service,  or  to  discon- 
tinue any^prosecution  thereunder,  upon  an  ascertainment 
of  the  facts,  in  such  manner  as  may  seem  to  him  proper. 
(Act  June  20,  1874.) 

317.  The  Secretary  may  authorize  the  surveyor  of  any 
port  of  delivery  to  enroll  and  license  vessels  to  be  employed 
in  the  coasting  trade  and  fisheries,  in  like  manner  as  collect- 
ors of  ports  of  entry  are  authorized  to  do.     (R.  S.,  §  4344.) 

318.  The  Secretary  is  required  to  direct  the  adminis- 
tration of  the  steamboat  inspection  laws.  (R.  S.,  §§  4403, 
4405,  4407,  4414,  4415,  4430,  4458,  4459,  4460,  4461,  4462, 
4472,  4489.) 

319.  He  may  grant  permission  to  the  owner  of  any 
steam  vessel  to  use  any  invention  or  process  for  the  utili- 
zation of  petroleum  or  other  mineral  oils  or  substances  in 
the  production  of  motive  -  power,  and  may  make  regula- 
tions concerning  the  application  and  use  of  the  same  for 
such  purpose.     (R.  S.,  §  4474.) 

3S0.  He  is  by  law  ex  officio  President  of  the  Light- 
house Board,  and  is  authorized  to  convene  the  board  when- 
ever in  his  judgment  the  exigencies  require  it.  Under  his 
superintendence,  the  board  discharges  all  administrative 
duties  relative  to  the  construction,  illumination,  inspection, 
and  care  of  light-houses,  light-vessels,  beacons,  buoys,  sea- 
marks, and  their  appendages.  (R.  S.,  §§  4654,  4656,  4658, 
4666,  4667,  4669.) 


INTERESTS   OF   COMMERCE  AND   NAVIGATION.       107 

3^1.  The  Secretary  may  assign  to  any  of  the  collectors 
of  the  customs  the  superintendence  of  such  light-houses, 
beacons,  light-ships,  and  buoys  as  he  may  deem  best.  He 
may  regulate  the  compensation  of  the  respective  keepers 
of  light-houses,  and  may,  on  the  recommendation  of  the 
Light-house  Board,  discontinue  from  time  to  time  such 
lights  as  may  become  useless  or  unnecessary.  He  may 
also,  on  like  recommendation,  from  time  to  time  reestab- 
lish any  lights  which  have  been  thus  discontinued,  when  in 
his  judgment  it  is  required  by  public  convenience  or  the 
necessities  of  commerce.  He  may,  after  a  week's  notice 
to  the  public,  sell  and  convey  any  real  estate  no  longer 
used  for  light-house  purposes,  excepting  the  site  of  the  old 
light-station  at  Nayatt  Point,  which  he  is  directed  by  spe- 
cial act  to  withhold  from  sale.  (R.  S.,  §§  4672,  4673,  4674, 
4675  ;  act  February  24,  1874.) 

S22,  He  may  make  allowances  to  the  officers  and  men 
of  the  army  and  navy,  while  employed  on  the  coast-survey 
service,  for  subsistence,  in  addition  to  their  compensation, 
as  he  may  deem  necessary,  not  exceeding  that  allowed 
by  the  Treasury  regulations  of  May  11,  1844.  (E,.  S.,  § 
4688.) 

393.  He  is  authorized  to  dispose  of  the  maps  and  charts 
of  the  survey  of  the  coast  of  the  United  States  at  such  prices 
and  under  such  regulations  as  may  from  time  to  time  be 
determined  upon  by  him,  and  to  distribute  a  number  of 
copies  of  each  sheet,  not  to  exceed  three  hundred,  among 
foreign  governments,  and  to  departments  of  our  own  Gro\- 
emment,  and  to  such  literary  and  scientific  associations  as 
he  may  designate.     (R.  S.,  §  4691.) 

3d4L.  It  is  his  duty  to  give  proper  directions  to  the 
officers  of  the  customs,  and  to  the  military  officers  com- 
manding any  fort  or  station  upon  the  sea-coast,  in  respect 
of  the  provision  of  law  requiring  them  to  aid  in  the  execu- 


108  THE  EXECUTIVE  DEPAETMENTS. 

tion  of  the  quarantine  and  health  laws  of  any  State.     (R. 
S.,  §§  4792,  4793,  4795,  4796.) 

3^0.  He  is  required  from  time  to  time  to  appoint  a  sur- 
geon to  act  as  supervising  surgeon  of  marine-hospital  serv- 
■    ice,  and  to  direct  him  in  his  duties.     (R.  S.,  §  4802.)     See 
Stats.  18,  p.  377. 

356.  He  is  required  to  place  to  the  credit  of  the  "  fund 
•  for  the  relief  of  sick  and  disabled  seamen  "  the  sums  col- 
lected by  the  customs  officers  under  the  provisions  of  the 
law  imposing  a  tax  upon  seamen  for  hospital  purposes, 
which  fund  shall,  under  his  du-ection,  be  employed  for  the 
care  and  relief  of  sick  and  disabled  seamen  employed  in 
vessels  of  the  United  States.   (R.  S.,  §  4803.) 

357.  He  is  authorized,  under  certain  restrictions,  to 
lease  or  sell  at  public  auction  to  the  highest  and  best  bid- 
der, for  cash,  after  due  public  notice,  such  marine-hospital 
buildings  and  lands  as  he  may  deem  advisable,  and  to  make 
and  deliver  the  needful  conveyances.  The  proceeds  are 
to  be  applied  by  him  to  the  marine-hospital  establishment. 
(R.  S.,  §  4806  ;  also  act  March  3,  1875.) 

328.  He  is  empowered  to  inspect  or  cause  to  be  in- 
spected the  books,  records,  correspondence,  and  all  other 
documents  of  the  Union  Pacific  Railroad  Company.  (R. 
S.,  §  5256.) 

329.  He  is  empowered,  upon  application  made,  to  remit 
fines,  penalties,  and  forfeitures  incurred  under  the  provis- 
ions of  law  relating  to  registering,  recording,  enrolling,  or 
licensing  vessels ;  also  any  fine  or  penalty  imposed  by  the 
laws  relating  to  steam  vessels;  and  to  thereupon  direct 
that  any  prosecution  which  has  been  instituted  for  recovery 
shall  cease  and  be  discontinued,  upon  such  terms  as  he  may 
deem  reasonable  and  just.     (R.  S.,  §§  5292,  5293,  5294.) 

330.  It  is  made  his  duty  from  time  to  time  to  institute 
such  investigations  as  may  be  necessary  to  detect  and  pre- 


MANAGEMENT  OF  THE  PUBLIC  ACCOUNTS.  109 

vent  frauds  and  abuses  in  any  trade  or  transactions  which 
may  be  licensed  between  inhabitants  of  loyal  States  and  of 
States  in  insurrection.     (R.  S.,  §  5307.) 

331.  He  is  empowered  to  prohibit  and  prevent  the  trans- 
portation in  any  vessel,  or  upon  any  railroad,  turnpike,  or 
other  road  or  means  of  transportation  within  the  United 
States,  of  any  property,  where  there  are  satisfactory  rea- 
sons to  believe  that  such  property  is  intended  for  any  place 
under  control  of  insurgents  against  the  United  States,  or 
where  there  is  imminent  danger  that  the  property  will  fall 
into  the  possession  or  under  the  control  of  such  insurgents. 
(R.  S.,  §  5312,  5320.) 

5.  The  Management  of  the  Public  Accounts. 

33^.  The  Secretary  of  the  Treasury  is  required  to  cause 
all  accounts  of  the  expenditures  of  public  moneys  to  be 
settle(J  within  each  fiscal  year,  except  where  the  distance  of 
the  places  where  such  expenditure  occurs  may  be  such  as 
to  make  further  time  necessary ;  and  in  respect  of  expend- 
itures at  such  places,  he,  with  the  assent  of  the  President, 
may  establish  fixed  periods  at  which  a  settlement  shall  be 
requu«ed.     (R.  S.,  §  250.) 

333.  He  is  required  to  lay  before  Congress  at  the  com- 
mencement of  each  regular  session,  accompanying  his  an- 
nual statement  of  the  public  expenditure,  the  reports  which 
may  be  made  to  him  by  the  Auditors  charged  with  the 
examination  of  the  accounts  of  the  War  and  Navy  Depart- 
ments, showing  the  application  of  the  money  appropriated 
for  those  departments  for  the  preceding  year.   (R.  S.,  §  260.) 

334.  He  is  required  to  lay  before  Congress  annually, 
in  the  month  of  December,  an  abstract  in  tabular  form  of 
the  separate  accounts  of  moneys  received  from  internal 
duties  or  taxes,  in  each  of  the  States,  Territories,  and  col- 
lection districts.     (R.  S.,  §  261.) 


110  THE  EXECUTIVE  DEPARTMENTS. 

ft 

SS5,  He  is  likewise  required  to  transmit  to  Congress  a 
copy  of  each  of  the  accounts  kept  by  the  superintendent  of 
the  Treasury  buildings,  of  all  amounts  expended  under  the 
head  of  contingent  expenses  of  the  several  bureaus  of  the 
Treasury  Department,  and  of  all  amounts  paid  for  furnitiu-e 
and  repau-s  of  furniture,  and  those  received  from  the  dis- 
posal of  old  furniture.     (R.  S.,  §  262.) 

3IB6.  When  a  claim  is  made  against  any  executive  de- 
partment involving  disputed  facts  or  questions  of  law,  and 
the  amount  in  controversy  exceeds  three  thousand  dollars  ; 
or  where  the  decision  will  affect  a  class  of  cases  or  furnish 
a  precedent  for  the  future  action  of  any  executive  depart- 
ment in  the  adjustment  of  a  class  of  cases ;  or  where  any 
authority,  right,  privilege,  or  exemption  is  claimed  or  denied 
under  the  Constitution  of  the  United  States,  the  head  of 
such  department  may  cause  such  claim,  with  all  the  vouch- 
ers, papers,  proofs,  and  documents  pertaining  thereto,  to  be 
transmitted  to  the  Court  of  Claims.  And  the  Secretary  of 
the  Treasury  may,  upon  the  certificate  of  any  Auditor  or 
Comptroller  of  the  Treasury,  direct  any  account,  matter,  or 
claim  of  the  character,  amount,  or  class  described,  to  be 
transmitted,  with  all  the  vouchers,  papers,  documents,  and 
proofs  pertaining  thereto,  to  the  said  court  for  trial  and 
adjudication ;  provided  that  no  case  shall  be  so  referred 
unless  it  shall  belong  to  one  of  the  several  classes  of  cases 
which  the  said  court  may,  under  existing  laws,  take  jurisdic- 
tion of  on  the  voluntary  action  of  the  claimant.  (R.  S.,  § 
1063.) 

S37.  He  is  required,  whenever  the  President,  without 
the  advice  and  consent  of  the  Senate,  designates,  authorizes, 
or  employs  any  person  to  perform  the  duties  of  any  oflfice, 
to  communicate  such  notice  as  he  shall  receive  thereof  to 
all  the  proper  accounting  and  disbursing  •officers  of  his 
department.    (R.  S.,  §  1774.) 


THE  PUBLIC  PROPERTY.  Ill 

All  warrants  drawn  by  the  Secretary  upon  the 
Treasurer  shall  specify  the  particular  appropriation  to  which 
the  same  should  be  charged ;  and  the  moneys  paid  by  virtue 
of  such  warrants  must  be  charged,  in  conformity  therewith, 
to  such  appropriation  on  the  books  of  the  Secretary,  First 
Comptroller,  and  Register.     (R.  S.,  3675.) 

3S0.  He  may  apply  balances  of  appropriations  made 
specifically  for  any  fiscal  year,  not  known  as  permanent  or 
indefinite  appropriations,  only  to  the  payment  of  expenses 
properly  incurred  during  that  year,  or  to  the  fulfillment  of 
contracts  properly  made  within  that  year ;  and  balances  not 
needed  for  such  pm-poses  are  required  to  be  carried  to  the 
siu-plus  fund. 

S4:0.  And  he  is  required  to  report  to  the  proper  Auditor 
all  balances  of  appropriations  which  shall  have  remained 
on  the  books  of  the  Treasury  without  being  drawn  against 
for  two  years  from  the  date  of  the  last  appropriation ;  and 
if  it  shall  appear  from  the  Auditor's  examination  that  such 
balances  will  not  be  required  for  the  settlement  of  any 
accounts  pending  in  his  office,  the  Secretary  may  include 
such  balances  in  his  surplus-fund  warrant.  From  this  pro- 
vision, however,  the  appropriation  for  the  payment  of  the 
interest  and  principal  of  the  public  debt  is  excepted.  (R. 
S.,  §§  3690,  3691.) 

34>1.  He  is  required  to  report,  at  the  commencement 
of  each  session  of  Congress,  to  the  Speaker  of  the  House 
of  Representatives,  each  claim  allowed  by  the  Quartermas- 
ter-G-eneral,  the  Commissary-Greneral,  and  the  Thud  Auditor 
under  authority  of  the  act  of  July  4,  1864,  and  the  acts 
amendatory  thereof.    (Act  June  16,  1874.) 

6.  The  Public  Property  and  Miscellaneous. 

S4S.  The  approval  of  the  Secretary  of  the  Treasury  is 
necessary  to  enable  the  Solicitor  of  the  Treasury  to  rent 


112  THE   EXECUTIVE  DEPARTMENTS. 

for  a  limited  period,  or  to  sell  at  public  sale,  any  unpro- 
ductive lands,  or  other  property  of  the  United  States  acquired 
under  judicial  process  or  otherwise  in  the  collection  of 
debts.     (R.  S.,  §  3749.) 

34L3.  He  is  empowered  to  direct  the  Solicitor  of  the 
Treasury  to  cause  a  stipulation  to  be  entered  into  for  the 
discharge  of  any  property  owned  or  claimed  by  the  United 
States,  or  in  which  the  United  States  has  an  interest,  from 
seizure  or  attachment  in  any  judicial  proceeding  under  the 
laws  of  any  State,  district,  or  Territory,  for  the  security  or 
satisfaction  of  any  claim  made  against  such  property.  (R. 
S.,  §  3753.)     • 

34:4.  The  Secretary  is  empowered  to  make  such  con- 
tracts and  provisions  as  he  may  deem  for  the  interests  of 
the  Grovernment  for  the  preservation,  sale,  or  collection  of 
any  property,  or  the  proceeds  thereof,  which  may  have  been 
wTCcked,  abandoned,  or  become  derelict,  being  within  the 
jurisdiction  of  the  United  States,  and  which  ought  to  come 
to  the  United  States,  or  for  the  recovery  of  any  moneys, 
dues,  and  other  interests  lately  in  the  possession  of  or  due 
to  the  so-called  Confederate  States  or  its  agents,  and  now 
belonging  to  the  United  States,  which  are  now  withheld  or 
retained  by  any  person  or  corporation ;  and  in  such  con- 
tracts to  allow  just  and  reasonable  compensation  out  of 
the  moneys  or  property  realized  to  any  person  giving  in- 
formation thereof,  or  who  shall  actually  preserve,  collect, 
surrender,  or  pay  the  same.     (R.  S.,  §  3755.) 

34^.  The  Secretary  is  authorized  and  directed  to  receive 
into  the  Treasury,  on  the  same  terms  as  the  original  bequest 
of  James  Smithson,  such  sums  as  the  regents  of  the  Smith- 
sonian Institution  may  from  time  to  time  see  fit  to  deposit, 
not  exceeding,  with  the  original  bequest,  the  sum  of  one 
million  dollars.     (R.  S.,  §  5591.) 

346.  He  may  defer  operations  on  public  buildings  au- 


THE   PUBLIC   PROPERTY.  113 

thorized  by  law  but  not  commenced,  or  he  may  proceed 
with  the  same,  as  may  in  his  opinion  be  best  for  the  public 
interests. 

347.  He  may  set  aside  any  selection  that  has  been 
made  of  a  site  for  a  public  building,  when  in  his  opinion 
such  selection  has  not  been  made  solely  with  reference  to 
the  interests  and  convenience  of  the  public  as  well  as  the 
best  interests  of  the  Government.     (Act  June  23,  1874.) 

34:8.  With  this  classification  of  the  duties  and  functions 
of  the  Secretary  of  the  Treasury  as  they  are  specified  in  the 
statutes,  it  will  be  in  order  to  consider  the  organization  of 
the  Treasury  Department  and  the  duties  performed  by  the 
several  bureau  officers  thereof,  as  they  are  likewise  speci- 
fied in  the  law  and  carried  out  in  actual  practice. 

349.  The  enumeration  of  the  bureaus  will  include  the 
office  of  the  Secretary  of  the  Treasury,  the  organization 
of  which,  as  was  before  observed,  bears  special  relation  to 
the  classification  hereinbefore  employed  as  embracing  the 
duties  of  that  officer. 


114  THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  VI. 

THE  OFFICE  OF  THE  SECRETARY  OF  THE  TREASURY. 

3^0.  The  general  supervision  of  the  operations  of  this 
office  devolves  upon  the  two  Assistant  Secretaries  and  the 
Chief  Clerk.  The  details  of  the  business  are  mainly  work- 
ed out  by  the  different  divisions  of  the  office  established 
by  the  appropriation  act  of  March  3,  1875,  which  are  eight 
in  number.  One  of  these  is  denominated  in  the  act  as  the 
"Division  of  Warrants,  Estimates,  and  Appropriations." 
The  remaining  are  designated  by  the  Secretary,  in  accord- 
ance with  the  character  of  the  work  assigned  them. 

3^1*  The  divisions  thus  constituting  the  office  of  the 
Secretary  of  the  Treasury  are  as  follow  r 

1.  Warrants,  Estimates,  and  Appropriations, 

2.  Public  Moneys, 

3.  Customs. 

4.  Internal  Revenue  and  Navigation, 

5.  Loans  and  Currency, 

6.  Revenue  Marine. 

7.  Appointments. 

8.  Stationery  and  Printing. 

To  each  of  these  divisions  are  assigned  a  head  and  an 
assistant,  who  are  respectively  named  in  the  act  as  chiefs 
and  assistant  chiefs  of  divisions.  There  are  also  distributed 
by  the  Secretary  to  the  same,  according  to  the  respective 
demand  for  clerical  assistance,  the  clerks  of  the  different 
classes  authorized  by  law  to  be  appointed  in  the  Secre- 
tary's office,  together  with  such  tejnporary  clerks  as  he  may 


OFFICE  OF  SECKETARY   OP  THE  TREASURY.         115 

appoint  within  the  limits  of  the  appropriation  for  that 
purpose. 

952.  There  are  two  divisions,  besides  those  heretofore 
named,  the  necessity  for  which  has  grown  out  of  the  duty- 
devolving  by  statute  upon  the  Secretary  in  connection  with 
the  measures  required  to  be  taken  for  the  prevention  and 
detection  of  fraud  upon  the  revenue,  and  of  the  counter- 
feiting of  the  currency  or  securities  of  the  United  States, 
viz.: 

The  Division  of  Special  Agents. 

The  Secret  Service  Division. 

And  there  is  another  division,  likewise  anomalous  in  char- 
acter, the  duties  of  which  are  of  a  peculiar  character,  gi*ow- 
ing  out  of  the  seizure  of  cotton  and  other  property  during 
the  war  of  1861,  viz.: 

The  Division  of  Captured  and  Abandoned  Property. 

3^3.  In  addition  to  these  divisions,  the  following  or- 
ganizations recognized  by  law  are  attached  to  the  office  of 
the  Secretary  of  the  Treasury,  and  perform  their  duties 
under  his  general  supervision,  viz.: 

The  Light-house  Board. 

The  Bureau  of  the  Mint. 

The  Construction  Branch  of  the  Treasury. 

The  Bureau  of  Engraving  and  Printing. 

Office  of  Supervising  Surgeon-General  of  Marine  Hospi- 
tals. 

Bureau  of  Statistics. 

Office  of  the  Coast  Survey. 

304.  We  will  now  proceed  to  consider  the  duties  of 
these  several  divisions  and  organizations  in  detail. 

355,  To  the  First  Assistant  Secretary  is  assigned  the 
supervision  of  the  work  devolving  upon[the  Warrant,  Pub- 
lic Moneys,  Loans  and  Currency,  Revenue  Marine,  Appoint- 
ment, and  Stationery  Divisions  of  the  office.    It  is  his  duty 


« 
116  THE  EXECUTIVE  DEPARTMENTS. 

to  direct  the  heads  of  these  divisions  in  the  mode  of  trans- 
acting the  business  of  the  same,  and  to  require  them  to  re- 
port directly  to  himself.  He  has  also  general  charge  of  all 
miscellaneous  and  general  business  of  the  department  not 
otherwise  delegated,  and  which  does  not  by  law  require  the 
immediate  supervision  of  the  Secretary.  He  is  also  re- 
quired to  sign  all  letters  and  papers,  as  Assistant  Secretary, 
pertaining  to  his  assignment  of  duties,  that  do  not  by  law 
require  the  signature  of  the  Secretary.  As  a  general  rule, 
and  unless  otherwise  ordered,  he  becomes  the  Acting  Sec- 
retary in  the  absence  of  the  head  of  the  department.  In 
that  capacity  he  is  for  the  time  being  the  head  of  the 
department,  and  its  representative  in  all  meetings  of  the 
Cabinet. 

S^6.  To  the  Second  Assistant  is  appointed  the  super- 
vision of  all  the  work  assigned  to  the  Customs,  the  Inter- 
nal Revenue,  and  the  Navigation  Divisions  of  the  office. 
He  receives  reports  directly  from  the  heads  of  those  di- 
visions, and  advises  them  as  to  all  matters  pertaining  to 
their  respective  business.  He  signs  letters  and  papers  pre- 
pared in  those  divisions  which  do  not  require  the  signature 
of  the  Secretary.  His  duties  are  mainly  of  a  legal  char- 
acter; while  those  of  the  First  Assistant  pertain  for  the 
most  part  to  the  financial  concerns  of  the  department. 

357.  The  Chief  Clerk  of  the  Treasury  Department  is 
by  law  the  superintendent  of  the  Treasury  building.  Be- 
sides the  duties  devolving  upon  him  by  law  in  the  general 
supervision  and  distribution  of  the  clerical  work  of  the 
office,  he  has  assigned  to  him,  and  constituting  a  separate 
division,  all  of  the  clerks  of  the  office  not  connected  with 
the  several  divisions  before  mentioned.  This  assignment 
constitutes  several  subdivisions,  known  as  the  records  and 
files,  the  mail,  the  library,  and  the  superintendent's  branch. 
In  the  first  of  these,  the  voluminous  correspondence  of  the 


OFFICE   OF   SECRETARY   OF   THE   TREASURY.         117 

office  is  recorded,  and  the  numerous  papers  and  letters  re- 
ceived and  finally  acted  upon  are  appropriately  filed.  The 
second  subdivision  opens  all  the  packages,  letters,  and  com- 
munications received  each  day ;  makes  a  faithful  index  of 
the  same,  by  the  name  of  the  writer,  the  subject-matter, 
and  the  number,  showing  the  date  of  receipt  and  the  dispo- 
sition of  the  same.  It  also  distributes  this  matter  to  the 
several  divisions  of  the  office  having  charge  of  the  subject 
of  business,  or  otherwise  refers  any  portion  of  it  to  the 
proper  bureau  of  the  department  which  should  have  been, 
it  may  be,  its  original  destination.  The  superintendent's 
branch,  last  mentioned,  has  charge  of  the  furniture  in  the 
various  rooms  of  the  building,  the  assignment  of  the  rooms 
therein,  the  cleaning  and  taking  care  of  the  same,  as  well 
as  the  entire  charge  of  the  building,  the  heating  apparatus, 
and  the  purchase  and  distribution  of  all  fm-niture,  fuel,  and 
supplies  required.  It  keeps  the  account  required  by  law 
to  be  kept  of  the  contingent  fund  of  the  department  appro- 
priated for  these  purposes,  and  it  prepares  the  report  of 
expenditures  thereof,  for  submission  by  the  Secretary  to 
Congress.  Under  the  supervision  of  the  Chief  Clerk,  also, 
is  all  the  official  correspondence  of  the  Secretary's  office, 
so  far  as  to  see  that  the  language  is  correctly  expressed 
and  in  official  form ;  also  the  enforcement  of  the  general 
regulations  of  the  department. 

3^8.  With  this  summary,  we'  proceed  to  the  working 
divisions  of  the  office,  the  heads  of  which,  together  Avith 
the  Assistant  Secretaries  and  the  Chief  Clerk,  may  be  ap- 
propriately denominated  the  staff  of  the  Secretary  of  the 
Treasury.  From  some  of  the  divisions  emanate  the  decis- 
ions of  the  department  upon  numerous  questions  of  gi'eat 
importance  and  of  vital  interest  to  the  commercial  and  in- 
dustrial concerns  of  the  people,  the  product  of  the  careful 
and  deliberate  consideration  of  well-trained  minds  joined 


118  THE  EXECUTIVE   DEPARTMENTS. 

to  a  long  experience  in  the  details  of  departmental  business 
and  practice. 

I.  The  Division  of  Warrants,  Estimates,  and 
Appropriations. 

S59,  This  division  is  perhaps  the  most  responsible  of 
the  organizations  forming  the  Secretary's  office,  inasmuch 
as,  under  the  immediate  supervision  of  the  Secretary,  it 
directs  the  disposition  of  all  public  moneys,  with  the  excep- 
tion of  post-office  funds,  received  in  or  paid  out  of  the 
Treasury.  Not  a  dollar  can  be  drawn  from  the  Treasury 
for  the  support  of  the  army  or  the  navy,  or  of  the  extended 
civil  sei-vice  of  the  country,  for  the  payment  of  public  cred- 
itors, or  to  meet  the  other  vast  expenditures  of  the  Govern- 
ment, excepting  those  required  to  carry  on  the  post-office 
system;  not  a  dollar  can  be  received  into  the  Treasury 
from  the  vast  sources  of  its  revenue,  that  is  not  required  to 
be  provided  for  by  warrants  originating  in,  passed,  issued, 
and  entered  of  record  in  this  division. 

According  to  a  provision  of  the  Constitution  of  the  United 
States,  "  no  money  can  be  drawn  from  the  Treasury  but  in 
consequence  of  appropriations  made  by  law."  These  ap- 
propriations for  the  ordinary  or  necessary  expenses  of  the 
Grovernment  are  based  upon  estimates  which,  as  herein- 
before stated,  the  Secretary  of  the  Treasury  is  required  to 
submit  annually  to  Congress,  at  the  commencement  of  each 
regular  session  of  that  body. 

300.  It  is  the  duty  of  this  division  to  compile  these 
estimates,  in  conformity  with  the  laws  already  referred  to 
in  treating  of  the  duties  of  the  Secretary  of  the  Treasury^ 
viz.,  those  contained  in  sections  3660  to  3672  of  the  Re- 
vised Statutes.  This  compilation  is  made  annually,  in  the 
form  of  a  printed  book,  entitled  "Estimates  of  Appropri- 
ations Required  for  the  Service  of  the  Fiscal  Year,"  Sac. 


WARRANTS,  ESTIMATES,  AND  APPROPRIATIONS.      119 

It  comprises  a  work  of  nearly  three  hundred  closely-printed 
pages  of  quarto  form,  and  involves  each  year  very  consid- 
erable skill,  care,  and  labor  in  its  preparation.  Besides  the 
specific  object  of  appropriation  and  the  sums  required  by 
law  or  the  exigency  of  the  service  to  be  appropriated,  it 
contains  the  date  of  the  act  of  Congress  or  treaty  providing 
fpr  the  expenditure,  a  reference  to  the  place  in  the  statutes 
where  the  act  or  treaty  may  be  found,  and  a  statement  of 
the  amount  appropriated  to  the  specific  object  for  the  pre- 
vious fiscal  year.  Whenever  there  is  a  variance  between 
the  estimate  for  any  particular  object  and  the  amount  ap- 
propriated to  that  object  for  the  preceding  fiscal  year,  or 
when  new  items  are  introduced,  a  brief  note  of  explana- 
tion of  the  reasons  therefor  is  appended.  It  contains  also 
a  statement  showing  the  unexpended  balances  of  appro- 
priations for  the  preceding  fiscal  year,  the  expenditures 
for  the  quarter  ending  September  30  of  the  current  fiscal 
year,  the  estimated  amounts  that  may  be  required  to  com- 
plete the  service  of  the  current  year  or  of  prior  years,  or 
that  may  be  carried  to  the  surplus  fund.  It  also  contains 
a  statement  of  the  proceeds  of  the  sale  of  old  material, 
condemned  stores,  supplies,  or  other  Government  property 
covered  into  the  Treasury  during  the  preceding  fiscal  year 
as  miscellaneous  receipts,  as  required  by  section  3618  of 
the  Revised  Statutes.  This  compilation  is  made  up  from 
data  obtained  from  the  statements  of  the  several  heads  of 
departments,  who  are  required  to  submit  the  same  to  Con- 
gress through  the  Secretary  of  the  Treasury,  and  from  the 
laws  denoting  the  objects  of  expenditure  to  be  provided 
for. 

361.  Besides  the  preparation  of  these  estimates,  it  is  no 
small  part  of  the  labor  of  this  division  to  open  an  account 
with  each  head  of  appropriation  made  by  Congress,  as  soon 
as  the  appropriation  becomes  available.    The  accounts  on 


120  THE  EXECUTIVE  DEPARTMENTS. 

the  books  of  this  division  with  the  different  appropriations 
exceed  six  thousand  in  niunber.  The  general  account 
shows  and  is  credited  with  all  moneys,  from  whatever  source 
of  revenue,  received  in  the  Treasury  for  each  fiscal  year ; 
and  this  account  is  debited  with  the  aggregate  of  appropri- 
ations for  each  year.  It  is  credited  with  the  surplus  of 
appropriations,  and  the  balance  shows  the  sum  available  in 
the  Treasury  for  further  appropriation  by  Congress.  Each 
object  of  appropriation  has  its  individual  account,  which  is 
debited  with  the  aggregates  of  warrants  issued  for  the  pay* 
ment  or  disbursement  of  the  moneys  appropriated  for*such 
object ;  also  with  the  sums  carried  to  the  surplus  fund  ;  and 
it  is  credited  with  the  amount  appropriated  to  the  object 
by  Congress  for  the  given  fiscal  year.  There  is  also  a  gen- 
eral account  of  the  Treasurer  of  the  United  States,  in  which 
that  ofiicer  is  charged  with  all  moneys  received  and  covered 
in  the  Treasury,  and  credited  with  all  warrants  for  the  pay- 
ment of  money  out  of  the  sum  appropriated,  when  such 
warrants  are  paid.  When  there  is  a  balance  of  an  appro- 
priation at  the  end  of  the  period  during  which  it  is  availa- 
ble, that  balance  is  taken  up  by  a  "  surplus-fund  warrant," 
and  the  amount  of  such  warrant  is  charged  to  the  particular 
appropriation  account,  and  credited  in  the  general  account, 
as  before  stated.  There  is  also  an  account  entitled  "un- 
availables,"  which  represents  so  much  of  the  receipts  in 
the  Treasury  which  have  been  lost  by  accident,  robbery, 
or  the  defalcation  of  depositaries.  As  the  Treasurer  has 
been  charged  with  all  sums  covered  in  the  Treasury  which 
have  been  deposited  with  the  numerous  Assistant  Treasiu-ers 
and  depositaries,  and  as  he  is  not  personally  responsible  for 
losses  occasioned  by  or  through  those  officers,  it  is  but 
proper  that  he  should  be  credited  with  these  losses.  Ac- 
cordingly, in  this  account  these  lost  or  unavailable  funds 
are  charged,  and  when  this  is  done  the  Treasurer's  account 


WARRANTS,  ESTIMATES,  AND  APPROPRIATIONS.      121 

is  credited  with  the  amount.  If  thereafter  any  sum  is 
collected  on  this  account,  the  Treasurer's  account  is 
charged  with  it  as  again  available  in  the  Treasury,  and 
a  corresponding  credit  is  carried  to  the  account  of  "un- 
availables." 

36^.  In  order  that  the  several  accounts  may  be  opened 
with  the  appropriations,  this  division  in  the  first  place  orig- 
inates what  is  called  an  "  appropriation  warrant,"  which  is 
issued  by  the  Secretary  of  the  Treasury,  upon  information 
furnished  by  that  division  in  the  preparation  of  the  blank 
for  his  signature.  This  warrant  bears  the  signature  of  the 
Secretary,  also  the  seal  of  his  department,  and  is  addressed 
to  the  two  Comptrollers  of  the  Treasury  and  to  the  Eegister 
Df  the  Treasury.  It  recites  the  act  of  Congress  making  the 
appropriations,  and  gives  the  titles  of  the  different  appro- 
priation accounts.  By  it  the  Eegister  is  required  to  cause 
the  amounts  to  be  carried  to  the  debit  of  the  general 
account  of  appropriations,  and  the  Comptrollers,  as  well 
as  the  Register,  are  directed  to  credit  each  appropriation 
with  the  sum  appropriated.  The  original  of  this  warrant 
remains  on  file  in  the  office  of  the  Register,  and  the  dupli- 
cate is  sent  by  the  Register  to  the  proper  Comptroller, 
whose  duty  it  is  to  forward  it  to  the  department  and  Audit- 
or interested  in  the  appropriations.  The  correctness  of  the 
books  and  accounts  of  the  proper  departments  and  audit- 
ing officers  depends  on  a  knowledge  thus  obtained  of  the 
amounts  and  titles  of  appropriations  now  officially  render- 
ed subject  to  their  requisition  or  action.  After  a  record 
of  the  duplicate  in  the  department  to  which  the  appropri- 
ations pertain,  as  also  in  the  office  of  the  Auditor  of  the 
Treasury  charged  by  law  with  the  settlement  of  accounts 
founded  on  such  appropriations,  it  is  returned  to  the  Comp- 
troller, to  remain  on  his  files. 


122 


THE   EXECUTIVE   DEPARTMENTS. 


303.  The  appropriation  warrant  just  described  is  in  the 
following  form : 


Appropriation  Warrant 
No,— 


Department. 


To  THE  Comptrollers  and 
Kegister  of  the  Treas- 
ury: 

Congress  having  by  the  here- 
inafter mentioned  act  made 
the  appropriation  thereun- 
der specified,  amounting 
to 


the  Register  is  directed  to  cause  the  sum  to  be  carried  to 
the  debit  of  the  general  account  of  appropriations,  and  the 
CoitfPTROLLER  and  Register  are  directed  to  credit  each 
appropriation  with  the  sum  so  appropriated.  And  for  so 
doing  this  shall  be  your  warrant.     Given  in  duplicate,  &c. 


Received  and  registered 

,  187— 


Secretary  of  the  Treasury. 

Received,  registered,  and 


countersigned 
,  187- 


Register. 


First  Comptroller. 


By  an  act  making  appropriations  for  the  support  of 
the  army  for  the  fiscal  year  ending  June  30th, 
1879,  approved  June  18,  1878: 

Pay,  travelling,  and  general  expenses  of  the  army  .  . 
Subsistence  of  the  army 


$11,600,687 
2,015,000 


364:.  When  an  amount  is  to  be  drawn  from  the  Treas- 
ury out  of  a  sum  appropriated  to  a  particular  object,  it  is 
done  through  the  medium  of  a  warrant  likewise  originating 
in  this  division,  under  proper  safeguards  as  to  accuracy, 
which  is  likewise  issued  over  the  signature  of  the  Secretary 
of  the  Treasury  and  attested  by  the  seal  of  his  department. 


WARRANTS,  ESTIMATES,  AND  APPROPRIATIONS.      12S 

Such  a  warrant  is  denominated  a  pay  or  "accountable** 
warrant.  It  is  based  upon  a  requisition  drawn  upon  the 
Secretary  of  the  Treasury  by  the  head  of  the  department 
•or  bureau  for  the  service  of  which  the  appropriation  was 
made  by  Congress.  This  requisition  is  made  upon  a  pre- 
pared blank,  over  the  signature  of  the  head  of  the  depart- 
ment making  it.  Its  execution  and  completion  are  attended 
with  such  checks  and  solemnities  that  the  greatest  possible 
secm-ity  against  irregularity,  inaccuracy,  or  fraud  may  be 
attained*  Before  reaching  the  Secretary,  and  before  he 
can  act  upon  it,  the  requisition  must  be  avouched  by  the 
countersign  of  the  proper  Auditor  and  Comptroller ;  the 
former  officer  at  the  same  time  making  a  charge  of  the 
amount  thereof  on  his  books  to  the  account  of  the  disburs- 
ing officer  or  person  in  whose  favor  it  is  issued. 

The  following  form,  used  by  the  Secretary  of  War,  will 
show  the  general  form  of  these  documents : 

War  Department. 

Accountable  Requisition 
No. 

To  the  Secretary  of  the  Treasury: 

Sir  :  Please  to  cause  a  warrant  for 


dollars cents  to  be  issued  in  favor  of  - 

'■ — ,  for  which  sum  he  is  to  be  held  accountable. 


To  be  charged  to  the  undermentioned  appropriation. 
Given  under  my  hand  this day  of ,  187 — . 

$ — 

Secretary  of  "War. 

Countersigned. 

Second  Comptroller. 

Registered. 

Third  Auditor. 


f 


124 


THE   EXECUTIVE   DEPARTMENTS. 


36^.  The  warrant  issued  by  the  Secretary  of  the  Treas- 
ury upon  a  requisition  so  received  is  addressed  to  the 
Treasurer  of  the  United  States,  in  the  following  form  : 

Teeasuby  Depabtment. 

To  the  Treasurer  of  the  United  States  greeting: 


Waeeant. 


Pay  to 


or 


APPROPItlATIONS. 

order,  to  be  charged  to  the  appropria- 
tion named  in  the  margin, 

^,' pursuant  to  Requisition 


No.- 

dated  

by  the  

tered  by  the 

so  doing  this  shall  be  your  warrant. 

Given  under  my  hand  and  seal,  &c.» 
&c. 


of  the  Secretary  of 

,  187 — ,  countersigned 

Comptroller,  and  regis- 

—  Auditor.     And  for 


Countersigned. 


Secretary  pf  the  Treasury. 

Registered. 


First  Comptroller.  Register. 

Office  of  the  Treasurer  of  the  United  States. 
Received  for  this  warrant  the  following  draft : 


No. — 
No.— 
Mailed 


on 
on 


[Signature  c^  persoa  entitled.] 


This  warrant,  as  will  be  observed,  directs  the  Treasurer 
to  pay  the  amount  to  the  person  in  whose  favor  it  is  issued, 
which  he  does  by  issuing  a  draft  in  favor  of  such  person. 


WARRANTS,  ESTIMATES,  AND  APPROPRIATIONS.      125 

and  delivering  the  same,  taking  his  receipt  therefor  on  the 
warrant,  or  he  mails  such  draft  to  the  address  of  the  person 
as  indicated.  This  draft  may  be  drawn  upon  any  Assistant 
Treasurer  or  public  depositary  in  any  part  of  the  country, 
according  to  convenience.  The  warrant,  however,  before 
it  reaches  the  Treasurer,  goes  through  a  number  of  pro- 
cesses. It  must  be  countersigned  by  the  proper  Comp- 
troller, and  it  must  be  registered  by  the  Kegister.  All  these 
checks  are  calculated  to  constitute  an  absolute  security  as 
to  the  accuracy  and  integrity  of  the  transaction.  Besides 
this,  the  draft  before  referred  to,  attached  to  the  warrant, 
goes  to  the  Register  of  the  Treasury  for  comparison  and 
registry,  when  it  is  returned  to  the  Treasurer  for  delivery  or 
transmissal  to  the  person  entitled  to  receive  it. 

306.  This  division  of  the  oiRce  of  the  Secretary  of  the 
Treasury  also  originates  and  prepares  all  covering-in  war- 
rants. The  purpose  for  which  these  are  issued  is  exactly 
tlie  reverse  of  that  requiring  the  issue  of  pay  warrants.  All 
revenues  of  the  Grovernment  collected,  and  all  moneys  due 
and  coming  to  the  United  States,  are  required  to  be  paid 
over  without  abatement  to  the  Assistant  Treasurers  or 
United  States  depositaries.  Upon  such  payments,  certifi- 
cates of  deposit  are  given  by  the  Assistant  Treasurer  or 
depositary  to  the  depositing  officer  or  other  depositor  in 
duplicate,  one  of  which  duplicates  is  required  to  be  for- 
warded by  the  depositor  to  the  Secretary  of  the  Treasury. 
Lists  of  such  deposits  are  also  required  to  be  forwarded  by 
the  Assistant  Treasurer  or  depositary  weekly.  Such  de- 
posits are  made  to  the  credit  of  the  Treasurer  of  the  United 
States.  The  money,  however,  is  not  yet  technically  in  the 
Treasury.  To  be  so,  it  is  required  to  be  covered  in.  This 
is  done  by  a  warrant  called  a  covering-in  warrant,  to  dis- 
tinguish it  from  a  pay  or  accountable  warrant,  heretofore 
described.     This  covering-in  warrant  is  issued  by  the  Sec- 


126 


THE  EXECUTIVE  DEPARTMENTS. 


retary  of  the  Treasury,  and  based  upon  the  certificate  of 
deposit  or  the  report  of  deposits  made  by  the  depositary. 
Like  the  pay  warrant,  it  is  countersigned  by  the  proper 
Comptroller,  and  registered  by  the  Kegister  of  the  Treas- 
ury. 

This  covering-in  warrant  is  in  the  form  following : 


REVENTJE  COVKRIITG 

Wareant. 


No. 


To 


Qiiarter,  187— 

Deposited 

As  per  state- 
ment hereto  at- 
tached. 

Tbeasury  Department, 


Pay  to  the  Treasurer  of  the 
United  States  or  order,  out  of 
the  moneys  received  by  you  arising 
from 

And  for  so  doing  this  shall  be  your 
warrant. 


Secretary. 


Countersigned. 


Registered. 


First  Comptroller.  Register. 

Office  of  the  Treasurer  of  the  United  States. 
Received ,  187— 


Treasurer. 


367.  When  thus  covered  in,  the  money  cannot  be  taken 
from  the  Treasury  except  in  consequence  of  an  appropria- 


WAKRANTS,  ESTIMATES,  AND  APPROPRIATIONS.      127 

tion  by  Congress.  Any  mistake  in  depositing,  either  by 
accident,  by  excessive  amount,  or  erroneous  payment,  is, 
after  this  process,  beyond  the  power  of  any  officer  of  the 
Government  to  rectify.  The  money  is  absolutely  in  the 
Treasury,  under  a  seal  that  can  be  broken  only  by  act  of 
Congress.  It  now  goes  into  the  general  fund,  and  is  charg- 
ed to  the  Treasurer  of  the  United  States,  who  is  responsible 
for  its  safe-keeping. 

368.  These  warrants,  both  the  pay  and  the  covering-in 
warrants,  are  in  a  great  variety  of  forms,  over  seventy  in 
number,  having  the  same  general  expression,  but  charac- 
terized by  some  reference  to  the  particular  branch  of  the 
public  service  to  which  they  respectively  pertain. 

369.  As  indicative  of  the  amount  of  labor  expended 
in  the  Division  of  Warrants,  Estimates,  and  Appropriations, 
in  this  branch  alone,  it  may  be  stated  that  the  warrants  is- 
sued during  the  fiscal  year  ending  June  30, 1878,  numbered 
34,401. 

370.  In  addition  to  these  appropriation  accounts,  and 
the  preparation  and  issue  of  the  warrants  described,  this 
division  has  charge  of  the  preparation  of  the  public-debt 
statement  and  of  the  daily  statement  of  the  financial  con- 
dition of  the  Treasury.  It  also  keeps  the  accounts  of  the 
sinking  fund,  the  interest  account  with  the  various  Pacific 
railroad  companies,  and  prepares  the  tables  relative  to  the 
finances  to  accompany  the  annual  report  of  the  Secretary 
of  the  Treasiuy. 

371.  Upon  this  division  the  Secretary  must  rely  for  the 
accuracy  of  the  accounts  of  the  entire  receipts  and  expend- 
itures of  the  Grovernment,  and  for  an  intelligent  under- 
standing at  all  times  of  the  state  of  the  public  funds,  of  the 
ability  of  the  Treasury  to  respond  to  the  demands  of  the 
public  credit,  and,  in  a  word,  of  the  exact  financial  condi- 
tion of  the  nation. 


128  THE  EXECUTIVE  DEPARTMENTS. 

37^.  The  importance  of  this  division,  and  the  great 
responsibility  attending  the  duties  to  be  performed,  is  ap- 
parent. Not  only  so,  but  it  has  received  the  deserved  rec- 
ognition in  these  respects  of  Congress,  in  the  act  provid- 
ing for  the  reorganization  of  the  Treasury  Department,  by 
distinguishing  it  from  among  the  other  divisions  of  the 
Secretary's  office  with  a  name  and  character  of  its  own, 
and  it-s  chief  with  a  salary  exceeding  that  given  to  the 
other  chiefs  of  divisions  in  that  office. 

n.  Division  of  Public  Moneys. 

373.  The  act  of  Congress  of  August  6,  1846,  laid  the 
foundation  of  the  present  system  of  the  safe-keeping  and 
disbursement  of  the  public  moneys.  For  a  period  previous 
to  that  act,  the  public  moneys  were  deposited  with  such  of 
the  State  and  Territorial  banks  as  were  selected  for  that 
purpose  by  the  Secretary  of  the  Treasury.  Through  the 
wise  legislation  contained  in  that  act,  they  were  thenceforth 
to  be  kept  separately  from  the  moneys  of  the  banks,  in  the 
Treasury  of  the  Government,  constituted  of  the  Treasurer, 
Assistant  Treasurers,  and  public  depositaries.  This  separ- 
ation of  the  public  funds  from  other  moneys  in  circulation 
gave  rise  to  the  designation  "  Independent  Treasury."  It 
was  not  until  the  establishment  of  the  national-bank  system, 
in  the  year  1864,  that  public  funds  could  be  again  deposited 
in  banks.  But  this  was  authorized  under  a  very  different 
system  as  to  accountability  and  security.  These  banks  are 
the  creatures  of  the  General  Government,  with  a  circulation 
of  equal  security  with  the  issues  of  the  Government  itself, 
because  such  circulation  is  based  upon  the  deposit  of  United 
States  bonds,  and  in  reality  upon  the  credit  of  the  nation. 
Certain  of  them  are  designated  by  the  Secretary  of  the 
Treasury  as  United  States  depositaries,  upon  the  deposit 
likewise  of  Government  bonds  as  security  for  the  safe- 


DIVISION  OF  PUBLIC   MONEYS.  129 

keeping  and  prompt  payment  of  the  public  funds  on  deposit 
with  them.  Under  regulations  prescribed  by  the  Secretary 
of  the  Treasury,  they  may  receive  on  deposit  all  public 
moneys,  excepting  those  derived  from  customs.  (E.  S.,  § 
5153.) 

374.  The  principal  duty  of  the  Division  of  Public  Mon- 
eys, in  the  office  of  the  Secretary  of  the  Treasury,  is  to  keep 
the  accounts  of  public  moneys  deposited  with  the  several 
Assistant  Treasurers  and  numerous  designated  depositaries, 
to  classify  the  deposits,  and  to  prepare  lists  of  the  same 
indicating  the  classification  to  which  such  deposits  belong. 
In  the  performance  of  this  duty,  that  division,  through  the 
accounts  thus  kept,  is  enabled  to  provide  a  check  upon 
the  numerous  depositaries,  and  to  afford  ready  information 
to  the  Secretary  at  any  time  of  the  resources  of  the  Treas- 
ury. 

37^.  Upon  the  deposit  of  public  moneys,  these  deposi- 
taries are  required  to  issue  to  the  officer  of  the  Government, 
or  other  person  making  the  deposit,  certificates  in  duplicate 
or  triplicate  ;  and  the  depositor  is  required  to  transmit  the 
original  at  once  to  the  Secretary  of  the  Treasury.  Collectors 
of  customs,  collectors  of  internal  revenue,  receivers  of  pub- 
lic moneys,  living  in  the  same  city  or  town  with  an  Assist- 
ant Treasurer  or  a  designated  depositary,  are  required  to 
deposit  their  receipts  at  the  close  of  each  day.  Officers 
at  a  distance  from  a  depositary,  so  that  daily  deposits  are 
impracticable,  may  fonvard  their  receipts  for  deposit  to 
the  depositary  as  often  as  they  amount  to  one  thousand  dol- 
lars, and  at  the  end  of  each  month,  without  regard  to  the 
amount  accumulated.  Moneys  received  by  district  attor- 
neys. United  States  marshals,  and  clerks  of  courts,  derived 
from  customs  and  internal-revenue  cases,  are  required  to 
be  paid  by  such  officers  to  the  collector  or  surveyor  of  cus- 
toms, or  collector  of  internal  revenue,  of  the  district  in  which 
9 


130  THE  EXECUTIVE  DEPARTMENTS. 

the  case  arose ;  and  moneys  accruing  from  post-office  suits 
must  be  deposited  to  the  credit  of  the  Treasurer  of  the 
United  States,  for  the  use  of  the  Post  Office  Department* 

376.  Besides  the  certificates  of  deposit  before  referred 
to,  this  division  receives  from  the  depositary  transcripts  of 
deposits  and  payments,  which  are  required  to  be  transmitted 
to  the  Secretary  of  the  Treasury  by  the  Assistant  Treasurers 
daily,  and  by  the  national-bank  depositaries  weekly.  The 
certificates  of  deposit  and  the  transcripts  just  mentioned 
are  compared,  the  two  acting  as  checks  one  upon  the  other. 
They  give  to  the  division  also  full  details  regarding  the  de- 
posits, thus  enabling  it  to  prepare  with  the  greater  certainty 
the  statements  sent  to  the  Division  of  Warrants,  Estimates, 
and  Appropriations,  from  which  the  covering-in  warrants  to 
place  the  moneys  in  the  Treasury  are  made  up  in  the  last- 
named  division  by  a  process  already  described.  Upon  these 
certificates  and  lists,  also,  the  amounts  of  the  deposits  are 
placed  to  the  accounts  of  the  several  depositaries. 

377.  Besides  the  numerous  accounts  with  individual 
depositaries,  this  division  keeps  an  account  showing  all 
moneys  deposited  which  have  not  passed  into  the  Treasury 
by  covering-in  warrants. 

378.  This  division  is  also  charged  with  the  business 
pertaining  to  the  designation  of  depositaries,  and  the  ac- 
ceptance of  proper  security  from  such  designated  banks  or 
depositaries  for  the  public  moneys  authorized  to  be  depos- 
ited with  them.  It  also  prepares  for  issue  by  the  Secretary 
the  necessary  rules  and  regulations  governing  these  depos- 
itaries in  their  receipt,  safe-keeping,  and  prompt  payment 
of  the  public  moneys,  and  in  their  other  business  transac- 
tions with  the  Treasury ;  and  it  gives  direction  to  the  offi- 
cers of  Government,  excepting  postmasters,  as  to  the  time 
and  manner  of  making  their  deposits  with  such  deposita- 
^ries,  as  well  as  all  necessary  instructions  for  enforcing 


DIVISION   OF  PUBLIC  MONEYS.  131 

speedy  presentation  of  all  Grovernment  drafts  for  payment 
at  the  place  where  they  are  payable. 

379.  This  division  also  directs,  in  certain  cases,  when 
necessary  or  expedient,  the  place  where  disbursing  officers 
may  deposit  their  funds.  Such  officers  are  required  by  law 
to  deposit  all  funds  intrusted  to  them  for  disbursement  with 
the  Treasurer,  Assistant  Treasurers  of  the  United  States, 
or  with  such  other  depositaries,  in  places  where  there  is 
no  Treasurer  or  Assistant  Treasurer,  as  may  be  specially 
authorized  by  the  Secretary  of  the  Treasury.  (R.  S.,  § 
3620.)  These  funds  are  thus  placed  to  the  individual  ac- 
count of  the  particular  disbursing  officer  with  the  depositary, 
subject  to  his  draft,  for  the  payment  of  such  of  the  public 
creditors  whom  he  is  specially  authorized  to  pay,  or  who 
come  within  the  scope  of  his  duties  as  a  disbursing  officer. 
And  it  is  likewise  the  duty  of  this  division  fo  regulate  such 
deposits,  and  the  disbursement  of  the  moneys  by  checks  of 
the  disbm-sing  officers  upon  the  same. 

380.  This  division  also  directs  the  transfers  of  public 
moneys,  excepting  postal  funds,  from  one  depositary  to 
another,  as  in  the  judgment  of  the  Secretary  the  safety  of 
such  moneys  and  the  public  convenience  may  require. 

381.  It  also  takes  charge  of  the  examination  which  the 
Secretary  of  the  Treasury  is  required  by  law  to  make  of  the 
books,  accounts,  and  of  the  money  on  hand  of  the  several 
depositaries,  and  of  the  manner  in  which  the  moneys  are 
being  kept,  to  the  end  that  uniformity  and  accuracy  in  the 
accounts,  as  well  as  the  safety  of  such  moneys,  may  be  se- 
cured. This  examination  is  required  to  be  made  by  special 
agents,  to  be  appointed,  at  a  suitable  compensation,  by  the 
Secretary  of  the  Treasiu-y  as  occasion  may  require. 

38^.  The  depositaries  whose  accounts  and  other  mat- 
ters are  thus  subject  to  the  oversight  of  the  Secretary 
through  this  division,  are  nine  Assistant  Treasurers,  viz., 


182  THE  EXECUTIVE  DEPARTMENTS. 

those  at  Boston,  New  York,  Philadelphia,  Baltimore,  New 
Orleans,  St.  Louis,  San  Francisco,  Cincinnati,  and  Chicago ; 
one  depositary  designated  by  law  at  Tucson,  Arizona  ;  and 
about  one  hundred  and  fifty  of  the  national  banks,  varying 
in  number  at  different  periods,  accordingly  as  some  may 
be  discontinued  and  others  designated,  in  the  discretion  of 
the  Secretary  of  the  Treasury. 

383.  The  following  synopsis  of  regulations,  pursuant  to 
sections  306,  308,  309,  310,  and  3620  of  the  Revised  Stat- 
utes, relative  to  the  accounts  of  disbursing  officers  with 
these  depositaries  and  the  payment  of  Treasury  drafts  and 
checks  of  such  officers,  have  been  issued  by  the  Secretary 
through  this  division.  It  exhibits  in  detail  the  nature  and 
extent  of  the  control  exercised  by  this  branch  of  his  office 
over  the  disbursement  of  public  moneys : 

^'•Deposits  and  Checks  of  Disbursing  Officers. 

"Public  money  advanced  to  disbursing  officers  must  be 
deposited  immediately  to  their  respective  credits,  with 
either  the  United  States  Treasurer,  some  Assistant  Treas- 
urer, or  designated  depositary,  other  than  a  national-bank 
depositary,  nearest  or  most  convenient,  or,  by  special  di- 
rection of  the  Secretary  of  the  Treasury,  with  a  national- 
bank  depositary,  except — 

"(1.)  Any  disbiu-sing  officer  of  the  War  Department,  spe- 
cially authorized  by  the  Secretary  of  War,  when  stationed 
on  the  extreme  frontier  or  at  places  far  remote  from  a 
depositary,  may  keep  such  moneys  at  his  own  risk. 

"  (2.)  Any  officer  receiving  money  remitted  to  him  upon 
specific  estimates,  may  disburse  it  accordingly,  without  wait- 
ing to  pl^ce  it  in  a  depository,  provided  the  payments  are 
due,  and  he  prefers  this  method  to  that  of  drawing  checks. 

"Any  check  drawn  by  a  disbursing  officer  upon  moneys 
deposited,  must  be  in  favor  of  the  party,  by  name,  to  whom 


DEPOSITS  AND  CHECKS  OF  DISBURSING  OFFICERS.     133 

the  payment  is  to  be  made,  and  payable  to  'order'  or 
*  bearer/  with  these  exceptions:  (1)  To  make  payments 
of  individual  pensions,  checks  for  which  must  be  made  pay- 
able to  '  order,'  (2)  to  make  payments  of  amounts  not  ex- 
ceeding twenty  dollars,  (3)  to  make  payments  at  a  distance 
from  a  depositary,  and  (4)  to  make  payments  of  fixed  sal- 
aries due  at  a  certain  period ;  in  either  of  which  cases, 
except  the  first,  any  disbursing  officer  may  draw  his  check 
in  favor  of  himself  or  bearer  for  such  amount  as  may  be 
necessary  for  such  payment,  but  in  the  last-named  case 
the  check  must  be  drawn  not  more  than  two  days  before 
the  salaries  become  due. 

"Any  disbursing  officer  or  agent  drawing  checks  on 
moneys  deposited  to  his  official  credit,  must  state  on  the 
face  or  back  of  each  check  the  object  or  purpose  to  which 
the  avails  are  to  be  applied,  except  upon  checks  issued  in 
payment  of  individual  pensions,  the  special  form  of  such 
checks  indicating  sufficiently  the  character  of  the  disburse- 
ment. 

"  Such  statement  may  be  made  in  brief  form,  but  must 
clearly  indicate  the  object  of  the  expenditure ;  as,  for  in- 
stance, *pay,'  *  pay-roll/  or  *  payment  of  troops,'  adding 
the  fort  or  station;  'purchase  of  subsistence*  or  other 
supplies;  'on  contract  for  construction,*  mentioning  the 
fortification  or  other  public  work  for  which  the  payment 
is  made;  'payments  under  $20;*  *to  pay  foreign  pen- 
sions,' &c. 

"  Checks  will  not  be  returned  to  the  drawer  after  their 
payment,  but  the  depositary  with  whom  the  account  is  kept 
shall  furnish  the  officer  with  a  monthly  statement  of  his 
deposit  account. 

"  No  allowance  will  be  made  to  any  disbursing  officer  for 
expenses  charged  for  collecting  money  on  checks. 

"Every  disbursing  officer,  when  opening  his  first  account, 


134  THE  EXECUTIVE   DEPARTMENTS. 

before  issuing  any  checks,  will  furnish  the  depositary  on 
whom  the  checks  are  drawn  with  his  official  signature,  duly 
verified  by  some  officer  whose  signature  is  known  to  the 
depositary. 

"For  every  deposit  made  by  a  disbursing  officer  to  his 
official  credit,  a  receipt,  in  form  as  below,  shall  be  given, 
setting  forth,  besides  its  serial  number  and  the  place  and 
date  of  issue,  the  character  of  the  funds,  i.  e.,  whether  coin 
or  currency ;  and  if  the  credit  is  made  by  a  disbursing  offi- 
cer's check  transferring  funds  to  another  disbursing  officer, 
the  essential  items  of  the  check  shall  be  enumerated ;  if 
by  a  Treasury  draft,  like  items  shall  be  given,  including 
the  warrant  number ;  the  title  of  each  officer  shall  be  ex- 
pressed, and  the  title  of  the  disbursing  account  shall  also 
show  for  what  branch  of  the  public  service  the  account  is 
kept,  as  it  is  essential,  for  the  proper  transaction  of  depart- 
mental business,  that  a'ccounts  of  moneys  advanced  from 
different  bureaus  to  a  disbursing  officer  serving  in  two  or 
more  distinct  capacities  be  kept  separate  and  distinct  from 
each  other,  and  be  so  reported  to  the  department  both  by 
the  officer  and  the  depositary — the  receipt  to  be  retained 
by  the  officer  in  whose  favor  it  is  issued : 

No. Office  of  U.  S.  (Asst.  Treas.  or  Deixwitary,) 

-, - -•,  18.-. 

Received  of  ....~- ^.^....^  - Dollars,  consisting  of  .....-«, 

to  be  placed  to  his  credit  as ~ ,  and  subject  only  to  his  check  in  that 

official  capacity,  , 

$— . — .  U.  S.  (Asst.  Treas.  or  Depositary.) 

"Any  Treasm*y  draft  or  any  check  drawn  by  a  disbursing 
officer  still  in  service,  which  shall  be  presented  before  it 
shall  have  been  issued  three  full  fiscal  years,  will  be  paid 
in  the  usual  manner  by  the  office  or  bank  on  which  it  is 
drawn,  and  from  funds  to  the  credit  of  the  drawer.  Thus, 
any  such  draft  or  check  issued  on  or  after  July  1,  1873, 
will  be  paid  as  above  stated  until  June  30,  1877,  and  the 
same  rule  will  apply  for  subsequent  years. 


DEPOSITS  AND  CHECKS  OF  DISBURSING  OFFICERS.      135 

"  Any  such  draft  or  check  which  has  been  issued  for  a 
longer  period  than  three  full  fiscal  years  will  be  paid  only 
by  the  settlement  of  an  account  in  this  department,  as  pro- 
vided in  section  308  of  the  Revised  Statutes ;  and  for  this 
purpose  the  draft  or  check  will  be  transmitted  to  the  Sec- 
retary of  the  Treasury  for  the  necessary  action,  viz.: 

"  Sec.  308.  The  payee  or  the  hona-jide  holder  of  any  draft  or 
check  the  amount  of  which  has  been  deposited  and  covered  into 
the  Treasury  pursuant  to  the  preceding  sections,  shall,  on  pre- 
senting the  same  to  the  proper  officer  of  the  Treasury,  be  enti- 
tled to  have  it  paid  by  the  settlement  of  an  account  and  the 
issuing  of  a  warrant  in  his  favor,  according  to  the  practice  in 
other  cases  of  authorized  and  liquidated  claims  against  the  Uni- 
ted States- 

"  The  reports  of  Independent  Treasury  officers,  national- 
bank  depositaries,  and  public  disbursing  officers,  required 
by  section  310,  following,  will  be  rendered  promptly  to  the 
Secretary  of  the  Treasury  at  the  close  of  each  fiscal  year : 

"  Sec  310.  The  Treasurer,  each  Assistant  Treasurer,  and  each 
designated  depositary  of  the  United  States,  and  the  cashier  of 
each  of  the  national  banks  designated  as  such  depositaries,  shall, 
at  the  close  of  business  on  every  thirtieth  day  of  June,  report  to 
the  Secretary  of  the  Treasury  the  condition  of  every  account 
standing,  as  in  the  preceding  section  specified,  on  the  books  of 
their  respective  ofiices,  stating  the  name  of  each  depositor,  with 
his  official  designation,  the  total  amount  remaining  on  deposit  to 
his  credit,  and  the  dates,  respectively,  of  the  last  credit  ^and  the 
last  debit  made  to  each  account.  And  each  disbursing  officer 
shall  make  a  like  return  of  all  cheeks  issued  by  him,  and  which 
may  then  have  been  outstanding  and  unpaid  for  three  years  and 
more,  stating  fully  in  such  report  the  name  of  the  payee,  for 
what  purpose  each  check  was  given,  the  office  on  which  drawn, 
the  number  of  the  voucher  received  therefor,  the  date,  number, 
and  amount  for  which  it  was  drawn,  and,  when  known,  the 
residence  of  the  payee. 

*' Whenever  any  disbursing  officer  of  the  United  States 


136  THE  EXECUTIVE  DEPARTMENTS. 

shall  cease  to  act  in  that  capacity,  he  will  at  once  inform 
the  Secretary  of  the  Treasury  whether  he  has  any  public 
funds  to  his  credit  in  any  office  or  bank,  and  if  so,  what 
checks,  if  any,  he  has  drawn  against  the  same  which  are 
still  outstanding  and  unpaid.  Until  satisfactory  information 
of  this  character  shall  have  been  furnished,  the  whole 
amount  of  such  moneys  will  be  held  to  meet  the  payment 
of  his  checks  properly  payable  therefrom. 

"At  the  close  of  each  fiscal  year,  the  Treasurer,  the  sev- 
eral Assistant  Treasurers,  and  designated  and  national-bank 
depositaries,  will  also  render  to  the  Secretary  of  the  Treas- 
ury  a  list  of  all  disbursing  officers*  accounts  still  unclosed 
which  have  been  opened  on  the  books  of  their  respective 
offices  or  banks  more  than  three  fiscal  years,  giving  in  each 
case  the  name  and  official  designation  of  the  officer,  the 
date  when  the  account  with  him  was  opened,  and  the  bal- 
ance remaining  to  his  credit. 

[This  is  required  in  order  to  enable  the  Treasury  officers 
to  comply  with  sections  306  and  309  of  the  Revised  Stat- 
utes, viz.;  ] 

"  Sec.  306.  At  the  termination  of  each  fiscal  year  all  amounts 
of  moneys  that  are  represented  by  certificates,  drafts,  or  checks 
issued  by  the  Treasurer,  or  by  any  disbursinj^  officer  of  any 
department  of  the  Government,  upon  tile  Treasurer  or  any 
Assistant  Treasurer,  or  designated  depositary  of  the  United 
States,  or  upon  any  national  bank  designated  as  a  depositary  of 
the  United  States,  and  wliich  shall  be  represented  on  the  books 
of  either  of  such  offices  as  standing  to  the  credit  of  any  disbui-s- 
ing  officer,  and  which  were  issued  to  facilitate  the  payment  of 
warrants,  or  for  any  other  purpose  in  liquidation  of  a  debt  due 
from  the  United  States,  and  which  have  for  thi*ee  years  or  more 
remained  outstanding,  unsatisfied  and  unpaid,  shall  be  deposited 
by  the  Treasurer,  to  be  covered  into  the  Treasury  by  warrant, 
and  to  be  carried  to  the  credit  of  the  parties  in  whose  favor  such 
certificates,  drafts,  or  checks  were  respectively  issued,  or  to  the 
persons  who  are  entitled  to  receive  pay  thei*efor,  and  into  an 


DIVISION  OF  PUBLIC   MONEYS.  137 

appropriation  account  to  be  denominated  'outstanding  liabili- 
ties.' 

"  Sec.  309.  The  amounts,  except  such  as  are  provided  for  in 
section  306,  of  the  accounts  of  every  kind  of  disbursing  officer, 
which  shall  have  remained  unchanged,  or  which  shall  not  have 
been  increased  by  any  new  deposit  thereto,  nor  decreased  by 
drafts  drawn  thereon,  for  the  space  of  three  years,  shall  in  like 
manner  be  covered  into  the  Treasury,  to  the  proper  appropria- 
tion to  which  they  belong ;  and  the  amounts  thereof  shall,  on 
the  certificate  of  the  Treasurer  that  such  amount  has  been  depos- 
ited in  the  Treasury,  be  credited  by  the  proper  accounting  officer 
of  the  Department  of  the  Treasury  on  the  books  of  the  depart- 
ment, to  the  officer  in  whose  name  it  had  stood  on  the  books  of 
any  agency  of  the  Treasury,  if  it  appears  that  he  is  entitled  to 
such  credit. 

"In  case  of  the  death,  resignation,  or  removal  of  a 
public  disbursing  officer,  any  check  previously  drawn  by 
him  and  not  presented  for  payment  within  four  months  of 
its  date,  will  not  be  paid  until  its  correctness  shall  have 
been  attested  by  the  Secretary  or  Assistant  Secretary  of  the 
Treasury. 

"  If  the  object  or  purpose  for  which  any  check  of  a 
public  disbursing  officer  is  drawn  is  not  stated  thereon,  as 
required  by  departmental  regulations,  or  if  any  reason  ex- 
ists for  suspecting  fraud,  the  office  or  bank  on  which  such 
check  is  drawn  will  refuse  its  payment."  (Ind.  Treas.,  No. 
28,  Feb.  13,  1877.) 

384.  This  division  is  charged  also  with  the  business  of 
issuing  duplicate  checks  in  place  of  those  proven  to  have 
been  lost,  stolen,  or  destroyed.  In  pursuance  of  sections 
3646  and  3647  of  the  Revised  Statutes^viz.: 

"Sec.  3646.  Whenever  any  original  check  is  lost,  stolen,  or  de- 
stroyed, disbursing  officers  and  agents  of  the  United  States  are 
authorized,  after  the  expiration  of  six  months,  and  within  three 
years  from  the  date  of  such  check,  to  issue  a  duplicate  check ; 


138  THE   EXECUTIVE  DEPARTMENTS. 

and  the  Treasurer,  Assistant  Treasurers,  and  designated  depos- 
itaries of  the  United  States  are  directed  to  pay  such  duplicate 
checks,  upon  notice  and  proof  of  the  loss  of  the  original  checks, 
under  such  regulations  in  regard  to  their  issue  and  payment, 
and  upon  the  execution  of  such  bonds,  with  sureties  to  indem- 
nify the  United  States,  as  the  Secretary  of  the  Treasury  shall 
prescribe.  This  section  sliall  not  apply  to  any  check  exceeding 
in  amount  the  sum  of  one  thousand  dollars. 

"Sec.  3647.  In  case  the  disbursing  officer  or  agent  by  whom 
such  lost,  destroyed,  or  stolen  original  check  was  issued,  is 
dead,  or  no  longer  in  the  service  of  the  United  States,  it  shall 
be  the  duty  of  the  proper  accounting  officer,  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  shall  prescribe,  to  state 
an  account  in  favor  of  the  owner  of  such  original  check  for  the 
amount  thereof,  and  to  charge  such  amount  to  the  account  of 
such  officer  or  agent." 

— the  following  regulations  have  been  established,  bearing 
date  March  11,  1876: 

"  Immediately  upon  the  loss  of  a  check,  the  owner,  to 
better  protect  his  interest,  should,  in  writing,  notify  the 
office  or  bank  on  which  it  was  drawn  of  the  fact  of  such 
loss,  stating  the  name  of  the  officer  or  agent  by  whom  it 
was  drawn,  describing  the  check — giving,  if  possible,  its 
date,  number,  and  amount — and  requesting  that  payment 
of  the  same  be  stopped. 

"  In  order  to  procure  the  issue  of  a  duplicate  check,  the 
party  in  interest  must  furnish  the  officer  or  agent  who  issued 
the  original  check  with  an  affidavit  giving  the  name  and 
residence  of  the  applicant  in  full,  describing  the  check  and 
its  indorsements,  showing  his  interest  therein,  detailing  the 
circumstances  attending  its  loss,  and  what  action,  if  any, 
he  has  taken  to  stop  payment  thereon.  The  affidavit  must 
be  made  and  signed  before  an  officer  authorized  to  admin- 
ister oaths  generally,  and  he  must  certify  that  he  adminis- 
tered the  oath. 


DIVISION   OF   PUBLIC   MONEYS.  139 

"  He  must  also  furnish  to  the  same  officer  or  agent  a 
bond,  executed  on  the  accompanying  form  and  according 
to  these  instructions,  which  will  be  furnished  to  any  officer 
or  agent  applying  therefor. 

"The  affidavit  and  the  bond,  when  executed,  are  to  be 
indorsed  by  the  officer  or  agent  as  having  been  submitted 
to  him,  and  as  being  the  proof  and  security  upon  which  he 
has  acted.  After  the  expiration  of  six  months  from  the  time 
the  original  check  was  issued,  the  officer  or  agent  will  issue 
a  duplicate,  which  must  be  an  exact  transcript  of  the  orig- 
inal, especial  care  being  taken  that  the  number  and  date 
correspond  with  those  of  the  original.  These  papers  he 
will,  without  delay,  forward  to  the  Secretary  of  the  Treas- 
ury, who,  upon  their  receipt,  will  advise  the  office  or  bank 
on  which  the  check  was  drawn  that  an  application  for  a 
duplicate  is  pending,  and  the  bank  or  office  will  immedi- 
ately inform  the  Secretary  whether  a  request  has  been  made 
to  stop  payment  of  the  original,  and  whether  such  original 
has  been  presented  or  paid,  and  if  not  paid  a  caveat  will 
be  entered,  and  payment  will  thereupon  be  stopped. 

"If  the  information  obtained  is  satisfactory  to  the  proper 
accounting  officer  of  the  Treasury,  and  he  approves  of  the 
issue  of  the  duplicate,  and  of  the  accompanying  bond,  he 
will  certify  such  approval,  in  writing,  on  the  papers,  as  well 
as  on  the  duplicate  check,  and  return  them  to  the  Secre- 
tary of  the  Treasury. 

"  Any  duplicate  check,  issued  in  pursuance  of  these  in- 
structions, bearing  such  certificate  and  the  approval  of  the 
Secretary  or  Assistant  Secretary  of  the  Treasury,  may,  if 
properly  indorsed,  be  paid  by  the  Treasurer,  the  Assistant 
Treasurer,  or  depositary  on  whom  it  is  drawn,  subject  to 
the  same  rules  and  regulations  as  apply  to  the  payment  of 
original  checks ;  but  no  duplicate  shall  be  paid  if  the  orig- 
inal shall  already  have  been  paid. 


140  THE  EXECUTIVE  DEPARTMENTS. 

"  In  case  of  the  loss  of  a  check  issued  by  a  United  States 
disbursing  officer  or  agent  who  is  dead  or  no  longer  in  the 
service  of  the  United  States,  the  affidavit  and  bond  required 
to  be  furnished  by  the  owner  of  said  check  to  an  officer  or 
agent  in  the  service  of  the  United  States,  prior  to  the  issue 
of  a  duplicate  check,  should  be  forwarded  to  the  Secretary 
of  the  Treasury,  who  will  refer  them  to  the  proper  account- 
ing officer  for  examination  and  the  statement  of  an  account 
in  favor  of  the  owner  of  said  check,  as  provided  for  in  sec- 
tion 3647. 

"  Whenever  such  an  account  shall  have  been  stated,  and 
an  officer  or  agent  charged  with  the  amount  of  any  dupli- 
cate check,  the  final  accounting  officer  will  notify  the  Sec- 
retary of  the  Treasury,  in  order  that  the  amount  of  the 
original  check,  if  remaining  to  the  credit  of  the  officer  or 
agent  in  any  United  States  depository,  may  be  repaid  into 
the  Treasury  and  carried  to  his  credit,  and  to  the  credit  of 
the  proper  appropriation. 

"  These  regulations  apply  only  to  checks  drawn  for  sums 
less  than  $1,0004" 

38^.  Through  this  division  have  also  been  issued  the 
regulations  which  the  Secretary  of  the  Treasury  is  author- 
ized, by  section  3529  of  the  Revised  Statutes,  to  prescribe 
in  relation  to  the  purchase,  exchange,  and  redemption  of 
the  minor  coins  of  the  United  States. 

The  regulations  thus  in  force  are  as  follow : 

Purchase  of  Minor  Coins. 

Persons  desiring  to  purchase  the  minor  coins  issued  un- 
der section  3515,  are  informed  that  they  will  be  issued  to 
them  in  exchange,  at  par,  for  lawful  money  of  the  United 
States,  in  sums  of  twenty  dollars  or  multiples  thereof. 

Applications  for  the  coins  must  be  made,  in  all  cases, 
to  the  Superintendent  of  the  Mint  of  the  United  States  at 


PURCHASE  Am)  EXCHANGE  OF  MINOR  COINS.        141 

Philadelphia,  accompanied  by  the  necessary  funds ;  on  the 
receipt  of  which,  or  as  soon  thereafter  as  practicable,  such 
minor  coins,  to  the  amount  of  the  remittance,  will  be  for- 
warded, at  the  cost  of  the  mint,  to  any  of  the  principal 
towns  or  cities  of  the  United  States,  as  desired. 

Remittances  for  this  purpose  may  also  be  made  in  post- 
office  money  orders  or  sight  drafts,  payable  in  Philadelphia 
or  New  York,  to  the  order  of  said  Superintendent. 

Persons  making  application  for  these  minor  coins  will 
state  particularly  the  denomination  required,  whether  one, 
three,  or  five  cent  pieces,  and  will  write  plainly  the  address 
to  which  the  coins  are  to  be  forwarded. 

The  Treasurer  or  any  Assistant  Treasurer  of  the  United 
States  is  also  authorized  to  pay  out  for  legal-tender  notes 
any  minor  coins  held  by  him  and  not  needed  for  the  cur- 
rent business  of  his  office. 

Exchange  of  Minor  Coins, 

The  minor  coins  of  copper,  bronze,  or  copper -nickel, 
referred  to  in  section  3529,  are  as  follow,  viz.: 

(1)  Large  copper  cents  issued  prior  to  1857  ;  (2)  nickel- 
copper  cents  issued  from  1857  to  1864 ;  (3)  bronze  cents 
issued  from  1864  to  1873  ;  (4)  bronze  two-cent  pieces  ;  (5) 
copper-nickel  three-cent  pieces ;  and  (6)  copper-nickel  five- 
cent  pieces. 

Persons  holding  these  coins  and  desiring  their  exchange 
for  the  minor  coins  authorized  to  be  issued  by  the  six- 
teenth section  of  the  coinage  act  of  1873,  may  present  or 
forward  the  same  for  this  purpose  to  the  Superintendent 
of  the  Mint  of  the  United  States  at  •Philadelphia,  in  pack- 
ages containing  twenty  dollars  or  multiples  thereof,  prop- 
erly assorted  and  separated  by  the  denominations  and  issues 
above  specified. 

Each  package  must  be  accompanied  by  a  list  setting 


142  THE  EXECUTIVB  DEPARTMENTS. 

forth  the  aggregate  amount  of  coin  which  the  package  con- 
tains, and  the  amount  of  each  denomination  and  issue, 
together  with  the  name  and  post-office  address  of  the  party 
sending  the  same,  who  will  also  advise  the  Superintendent 
of  the  Mint  of  the  amount  and  denomination  of  minor  coins 
desired  in  return,  and  designate  the  city  or  town  most  con- 
venient to  him  to  which  he  desires  such  coins  to  be  sent. 

Redemption  of  Minor  Coins. 

Persons  holding  coins  of  copper,  bronze,  or  copper-nickel, 
authorized  by  law,  and  desiring  their  redemption  in  lawful 
money,  may  forward  or  present  them  for  this  purpose  to 
any  of  the  offices  of  redemption  hereinafter  specified,  put- 
ting the  coins  in  packages  of  twenty  dollars  each  or  multi- 
ples thereof,  assorted  and  separated  by  denominations  and 
issues,  as  above  directed  in  cases  of  forwarding  for  ex- 
change, and,  if  forwarded,  advising  the  officer  to  whom 
sent  of  the  amount  and  kind  of  coin  shipped,  and  the  place 
(New  York,  Philadelphia,  Boston,  New  Orleans,  or  San 
Francisco)  at  which  the  transfer  check  to  be  drawn  by  the 
Treasurer  of  the  United  States  shall  be  made  payable. 

Upon  the  receipt  of  the  minor  coins  thus  forwarded  or 
presented  for  redemption,  the  officer  receiving  them  will 
carefully  count  and  examine  the  same,  and  thereupon,  un- 
less payment  therefor  can  be  made  ovfer  the  counter,  will 
issue  a  certificate,  to  be  at  once  transmitted  by  him  to  the 
Treasurer  of  the  United  States  at  Washington,  D.  C. ;  which 
certificate  shall  state  the  amount  of  coin  received,  the  name 
and  address  of  the  person,  company,  corporation,  or  firm 
making  the  remittan^je,  and  the  place  at  which  the  transfer 
check  shall  be  made  payable. 

The  Treasurer  of  the  United  States  will,  upon  the  receipt 
of  this  certificate,  transmit  to  the  owner  of  the  coin  a  trans- 
fer check  payable  to  his  order,  in  United  States  currency, 


REDEMPTION  OF  MINOR  COINS.  148 

for  the  amount  specified  in  the  certificate,  the  check  to  be 
drawn  upon  the  Assistant  Treasurer  of  the  United  States  in 
New  York,  Philadelphia,  Boston,  New  Orleans,  or  San 
Francisco,  at  the  option  of  the  party  forwarding  the  coin. 
A  detailed  register  of  purchases  and  exchanges  is  direct- 
ed to  be  kept  in  the  mint  at  Philadelphia,  and  a  register  of 
redemptions  in  each  office  of  redemption. 

The  expenses  of  transportation  of  the  old  coins  thus  for- 
warded for  exchange  or  redemption  must  be  paid  by  the 
parties  forwarding  them.  The  coin  in  return  will  be  for- 
warded at  the  expense  of  the  United  States. 

Minor  coins  so  mutilated  that  they  cannot  be  identified, 
or  materially  reduced  in  value  by  clipping  or  otherwise, 
will  not  be  exchanged  or  redeemed. 

Silver  coins  will  not,  in  any  case,  be  received  for  redemp- 
tion or  exchange  under  the  provisions  of  this  law. 

The  offices  of  redemption  herein  referred  to  are  as  fol- 
low: 

The  Superintendent  of  the  Mint  of  the  United  States, 
Philadelphia. 

The  Treasurer  of  the  United  States,  Washington,  D.  C. 

The  Assistant  Treasurer  of  the  United  States,  Boston. 

The  Assistant  Treasurer  of  the  United  States,  New  York. 

The  Assistant  Treasurer  of  the  United  States,  Philadel- 
phia. 

The  Assistant  Treasurer  of  the  United  States,  St.  Louis. 

The  Assistant  Treasurer  of  the  United  States,  New  Or- 
leans. 

The  Assistant  Treasurer  of  the  United  States,  Cincinnati. 

The  Assistant  Treasurer  of  the  United  States,  Chicago. 

The  Assistant  Treasurer  of  the  United  States,  San  Fran- 
cisco. 

The  Assistant  Treasurer  of  the  United  States,  Baltimore. 

The  United  States  depositary,  Tucson,  Arizona. 


144  THE  EXECUTIVE  DEPARTMENTS. 


III.  Customs  Division. 

• 

386.  The  necessity  for  this  division  arose  out  of  the 
provisions  of  law  authorizing  the  Secretary  of  the  Treasury, 
in  cases  of  unascertained  duties,  or  dutjes  or  other  moneys 
paid  to  a  collector  of  customs  under  protest  and  appeal  in 
excess  of  the  sums  required  by  law,  to  refund  such  excess 
out  of  the  Treasury.  The  consideration  of  numerous  cases 
of  appeals  from  the  decisions  of  the  collectors  of  customs 
forms,  perhaps,  the  most  important  duty  of  this  division, 
although  it  is  charged  with  many  other  important  duties 
affecting  the  administration  of  the  customs  laws  and  the 
transaction  of  business  in  the  numerous  custom-houses. 
The  proper  execution  of  these  duties  on  the  part  of  the 
responsible  head  of  the  division  requires  legal  knowledge 
and  training,  in  order  the  more  properly  to  deal  with  nu- 
merous questions  arising  as  to  the  construction  of  statutes, 
and  in  the  application  of  the  decisions  of  judicial  tribunals 
affecting  points  at  issue  between  importers  and  the  collect- 
ors of  customs.  It  likewise  requires  a  thorough  knowledge 
of  the  customs  laws  and  regulations,  of  the  usages  of  trade, 
and  to  some  extent  the  routine  of  commerce  in  foreign  coun- 
tries. The  examination  which  is  given  in  these  cases  in  the 
office  of  the  Secretary  of  the  Treasury,  through  this  division, 
is,  in  numerous  instances,  preliminary  to  the  judicial'deter- 
mination  of  the  questions  in  the  courts.  The  importer  who 
has  paid  his  duties  under  protest  can  only  have  a  standing 
in  com-t  after  appeal  to  the  Secretary  of  the  Treasury  with- 
in the  required  time,  and  after  the  decision  of  the  latter  on 
the  case  presented,  adversely  to  his  claim.  It  becomes, 
therefore,  a  matter  of  the  greatest  importance  that  the 
questions  presented  be  carefully  considered  by  well-trained 
minds,  and  with  due  regard  to  well-settled  principles  of  law. 
A  want  of  knowledge  of  such  principles,  or  an  imperfect 


CUSTOMS  DIVISION.  145 

judgment,  even  in  a  case  of  exceeding  small  amount  and 
seemingly  unimportant,  may  involve  the  Government  in  a 
loss  of  revenue  incalculable  in  amount,  through  the  appli- 
cation of  the  conclusions  reached  to  a  class  of  importations 
in  the  future,  the  extent  of  which  can  in  nowise  be  within 
the  reach  of  conjecture.  At  the  same  time,  an  overzealous 
regard  for  the  money  interests  of  the  Government,  which 
grasps  at  the  idea  of  increased  and  increasing  revenue, 
while  well-settled  principles  of  law  are  overlooked  or  care- 
fully ignored,  may,  on  the  other  hand,  involve  the  Treasury 
in  the  hopeless  and  expensive  litigation  of  hundreds  of 
suits  involving  the  class  of  importations  affected. 

387.  It  is  provided  by  law  that  the  decision  of  the  col- 
lector of  customs  at  the  port  of  importation  and  entry,  as 
to  the  rate  and  amount  of  duties  to  be  paid  on  the  merchan- 
dise entered,  and  the  dutiable  costs  and  charges,  or  as  to 
the  rate  and  amount  to  be  paid  on  the  tonnage  of  any  ves- 
sel, or  as  to  all  fees,  charges,  and  exactions  whatever,  shall 
be  final  and  conclusive  against  all  persons  interested  therein, 
unless  the  owner,  master,  commander,  or  consignee  of  such 
vessel,  or  the  owner,  importer,  consignee,  or  agent  of  such 
merchandise,  shall,  within  ten  days  after  the  ascertainment 
and  liquidation  of  duties,  give  notice  in  writing  to  the  col- 
lector on  each  entry,  if  dissatisfied  with  his  decision,  setting 
forth  therein  distinctly  and  specifically  the  grounds  of  his 
objection  thereto,  and  shall,  within  thirty  days  after  the 
date  of  such  ascertainment  and  liquidation,  appeal  there- 
from to  the  Secretary  of  the  Treasury.  (R.  S.,  §§  2931, 
2932.) 

By  a  recent  act  it  is  provided  that  this  shall  not  apply 
to  an  exaction  of  tonnage  tax,  where  the  Secretary  and 
the  Attorney-General  shall  be  satisfied  that  such  exaction 
was  in  contravention  of  treaty  provisions.  (Act  June  19, 
1878.) 

10 


146  THE  EXECUTIVE  DEPARTMENTS, 

388.  And  it  is  further  provided  that  the  decision  of  the 
Secretary  of  the  Treasury  upon  such  appeal  shall  be  like- 
wise final  and  concliisive,  unless  suit  shall  be  commenced 
for  the  recovery  of  such  moneys  claimed  to  have  been 
illegally  exacted  within  ninety  days  after  his  decision.  And 
no  suit  can  be  maintained  until  after  such  decision  shall  be 
rendered,  unless  that  decision  shall  be  delayed  more  than 
ninety  days  from  the  date  of  the  appeal,  in  case  the  entry 
was  made  east  of  the  Rocky  Mountains,  or  more  than  five 
months  in  case  of  an  entry  west  of  those  mountains. 

389.  In  order  to  understand  more  clearly  this  matter  of 
protests  and  appeals,  and  the  duty  of  the  Customs  Division 
in  regard  thereto,  it  is  well,  perhaps,  to  refer  briefly  to  what 
is  required  of  a  merchant  at  the  port  of  entry  in  respect  of 
a  consignment  of  imported  goods. 

390.  All  goods  brought  within  the  jurisdiction  of  a 
port  of  entry,  with  purpose  to  unload  the  same,  are  subject 
to  entry  at  the  custom-house ;  and  only  the  owner  or  im- 
porter, consignee  or  agent,  can  be  recognized  as  entitled 
to  enter  the  same.  The  person  designing  to  make  such  an 
entry  must  produce  to  the  customs  ofiicers  the  original  in- 
voice of  the  merchandise,  properly  authenticated,  together 
with  the  bill  of  lading,  and  Aiake  an  entry  of  the  goods  in 
writing,  under  oath.  This  entry  is  required  to  specify  the 
name  of  the  vessel,  and  of  her  master,  in  which,  and  the 
port  or  place  from  which,  the  merchandise  was  imported  ; 
the  particular  marks,  numbers,  denomination,  and  dutiable 
value,  including  charges  of  each  particular  package  or 
parcel;  or  if  in  bulk,  the  quantity,  quality,  and  value, 
including  charges  thereon,  particularly  specifying  the  spe- 
cies of  money  in  which  the  invoice  thereof  is  made  out. 
The  entry  must  be  subscribed  by  the  person  making  it,  if 
the  owner  or  consignee,  in  his  own  name ;  or  if  another 
person,  in  his  name  as  agent  or  factor  for  the  owner  or 


CUSTOMS   DIVISION.  147 

consignee.  Such  entry  is  made  on  a  prescribed  form. 
After  a  comparison  of  the  same  with  the  invoice  and  bill 
of  lading,  if  found  coiTect,  the  duties  are  estimated  and 
indicated  on  the  face  of  the  entry,  and,  with  the  papers 
and  a  permit  for  the  delivery  of  the  goods  on  payment  of 
duties,  the  same  is  transmitted  to  the  naval  officer  of  the 
port,  if  there  is  one,  for  revision,  whose  duty  it  is  to  check 
the  entry,  invoice,  and  permit,  if  he  finds  them  correct. 
The  papers  are  then  returned  to  the  collector's  office,  where 
the  appropriate  oath  is  administered,  and  the  packages — 
one  in  ten — are  designated  to  be  sent  to  the  appraiser's 
store  for  examination,  which  are  marked  on  the  entry,  in- 
voice, and  permit.  The  amount  of  estimated  duties  having 
been  registered  in  the  naval  office,  as  a  check  upon  the  col- 
lector, and  deposited  with  the  cashier,  together  with  the 
custom-house  fees,  and  the  proper  bond  having  been  exe- 
cuted in  cases  where  bond  is  required,  the  permit  is  signed 
by  the  collector,  and  then  sent  to  the  naval  officer  to  be 
countersigned,  when  it  is  delivered  to  the  importer. 

301.  This  is  the  process  substantially,  in  a  simple  form, 
of  entry  for  consumption,  which  is  varied  under  certain 
anomalous  circumstances ;  such  as  the  want  of  an  invoice, 
owner's  oath,  &c.  The  importer  can  only  receive  his  goods 
on  payment  of  the  duties  estimated  and  of  the  fees.  He 
may  pay  the  same,  and  if  dissatisfied  he  can,  within  the  ten 
days  limited  by  statute,  file  with  the  collector  the  written 
protest  already  described.  Following  this  protest,  if  he 
demands  a  refund  of  duties,  his  next  step  is,  within  the 
given  time,  to  appeal  from  the  collector's  decision  to  the 
Secretary  of  the  Treasury.  This  appeal  is  ordinarily  in  the 
form  of  a  simple  letter,  stating  the  importation,  the  name 
of  the  vessel,  the  particular  entry,  the  decision  appealed 
from ;  in  other  words,  briefly  the  ground  of  his  complaint, 
and  such  facts  as  will  identify  the  entry.     No  particular 


148  THE   EXECUTIVE  DEPARTMENTS. 

form  is,  however,  necessary.  This  appeal  is  referred  to 
the  Customs  Division,  in  the  office  of  the  Secretary  of 
the  Treasury.  Before  its  consideration  in  that  division, 
the  collector  of  customs  of  the  port  at  which  the  entry 
was  made  is  called  upon  for  a  report,  particularly  as  to 
whether  a  protest  was  filed  within  the  proper  time.  A 
copy  of  such  protest  is  also  called  for,  and  information  is 
requested  of  any  facts  from  which  the  division  can  judge 
of  the  merits  of  the  claim.  As  can  be  readily  imagined, 
these  appeals  are  multitudinous  in  number ;  for  with  each 
entry  and  protest  an  appeal  must  be  made,  in  order  to  ob- 
tain the  refund  in  the  particular  case,  although  the  ques- 
tion at  issue  may  be  precisely  the  same  in  a  large  number 
of  cases.  The  decision  by  the  Secretaiy,  however,  of  one 
appeal,  may  dispose  of  a  score  of  cases,  or  more,  involving 
one  and  the  same  class  of  merchandise.  But  the  protest 
must  be  carefully  scanned  in  each  case ;  for  the  Secre- 
tary's authority  to  refund,  as  well  as  the  importer's  ability 
to  maintain  suit  in  court  against  the  collector,  is  limited,  un- 
der the  statute,  to  the  sufficiency  of  the  protest.  The  ques- 
tion of  the  need  and  sufficiency  of  protests  has  been  much 
dwelt  upon  in  numerous  decisions  of  the  courts  in  these 
cases ;  and  these  and  other  decisions  involving  questions 
which  have  arisen  in  the  consideration  of  tlie  tariff  acts 
now  constitute,  as  far  as  they  go,  a  sure  rule  for  the  guid- 
ance of  Treasury  officers,  as  well  as  of  officers  of  customs. 
The  number  of  appeals  annually  made  to  the  Secretary  of 
the  Treasury  in  these  cases  is  about  five  thousand. 

39S.  Besides  the  duty  with  respect  to  appeals  in  cus- 
toms cases,  this  division  is  charged  with  the  examination 
and  approval  of  bonds  given  by  persons  desiring  to  estab- 
lish private  warehouses,  for  the  storage  of  imported  goods 
on  which  the  duties  have  not  been  paid.  Applications  for 
the  establishment  of  such  warehouses  also  receive  consid- 


CUSTOMS   DIVISION.  149 

eration  by  this  division.  These  warehouses,  in  accordance 
with  the  statute,  are  of  several  classes,  by  reason  of  the  use 
for  which  they  are  employed.  The  safe-keeping  of  the 
goods,  a  compliance  with  the  warehousing  laws,  and  the 
proper  transaction  of  the  business  within  the  purpose  of  the 
statute  creating  the  warehouse  system,  are  secured  by  a 
bond,  the  penalty  of  which,  as  well  as  the  general  form,  is 
prescribed  by  regulations  of  the  Secretary  of  the  Treasury. 

393.  The  Customs  Division  gives  attention  also  to  the 
system  of  bonded  routes,  and  to  the  bonds  required  from 
common  carriers  to  secure  the  safety  and  proper  delivery 
of  bonded  goods  intrusted  to  them  for  transportation.  To 
this  end,  it  has  the  designation  of  the  common  carriers 
who,  under  sufficient  security  and  regulations  designed  to 
protect  the  revenue  from  fraud,  are  permitted  to  transport 
goods  in  bond  from  one  district  to  another ;  from  one  port 
in  the  United  States,  through  adjacent  foreign  dominions, 
to  another  port  in  the  United  States ;  and  from  the  port 
of  entry  in  the  United  States  of  goods  destined  on  arrival 
for  immediate  transportation  and  exportation  to  Canada. 
It  has  also  the  charge  of  the  enforcement  of  the  regula- 
tions prescribed  for  carrying  this  system  of  transportation 
into  effect.  It  is  upon  inquiry  constantly  as  to  whether  the 
goods  transported  are  all  properly  received  at  the  port  of 
destination,  and  is  necessarily  engaged  frequently  in  inves- 
tigating cases  which  may  arise  of  alleged  frauds  or  irreg- 
ularities on  the  part  of  the  designated  carriers  or  their 
employees. 

394.  This  division  has  consideration  of  cases  involv- 
ing errors  in  invoices  and  entries,  refund  and  abatement 
of  duties,  drawback  of  customs  duties  on  articles  manufac- 
tured in  the  United  States  out  of  imported  material ;  also 
consideration  of  all  questions  arising  upon  the  construction 
of  the  customs  laws,  and  the  general  regulations  thereun- 


150  THE  EXECUTIVE  DEPARTMENTS. 

der,  in  regard  to  the  entry,  appraisal,  and  delivery  of  mer- 
chandise, and  payment  of  duties  thereon.  It  carries  on 
correspondence,  through  the  Department  of  State,  with 
consular  officers,  in  regard  to  dutiable  values,  invoices,  &c., 
and  has,  indu-ectly,  a  supervision  of  appraisers  in  securing 
uniformity  in  the  valuation  of  dutiable  merchandise  at  the 
various  ports.  It  has  supervision  also  of  the  seal  fisheries 
in  Alaska,  and  of  such  other  matters  in  that  portion  of  our 
territory  as  devolve  by  law  upon  the  Secretary  of  the  Treas- 
ury. 

39^.  This  division  is  also  charged  with  matters  relat- 
ing to  the  compromise,  under  the  general  powers  given 
the  Secretary  of  the  Treasury  by  section  3469  of  the  Re- 
vised Statutes,  of  cases  arising  from  the  customs  revenue 
laws. 

It  aids  the  Secretary  in  his  general  supervision  of  the 
numerous  customs  districts  and  the  transactions  of  cus- 
toms officers ;  of  the  organization  of  the  clerical  and  offi- 
cial force  at  the  custom-houses,  the  mode  of  transacting 
business  therein,  as  to  blanks  and  forms  of  books,  reports, 
and  returns  to  be  used.  In  a  word,  it  is  through  this 
division,  to  a  large  extent,  that  the  immense  interests  of 
the  country,  in  its  sources  of  revenue  from  customs,  receive 
control  and  guidance. 

TV.  Division  of  Internal  Bevenue  and  Kaviqation. 

396.  The  Secretary  of  the  Treasury  relies  upon  this 
division  of  his  office  in  all  matters  affecting  the  adminis- 
tration of  the  navigation  laws,  both  for  foreign  and  domes- 
tic commerce,  including  those  relating  to  the  secxu-ity  and 
protection  of  passengers  and  of  seamen  on  both  steam  and 
sailing  vessels.  To  this  division  are  refeiTed  all  questions 
regarding  the  registering  and  licensing  of  the  different 
classes  of  vessels. 


INTERNAL  REVENUE  AND  NAVIGATION.  151 

397.  Vessels  of  the  United  States  entitled  to  privileges 
and  immunities  as  such  over  foreign  or  undocumented 
vessels,  and  to  carry  the  flag  of  the  nation,  are  those  only 
which  have  been  duly  registered,  and  continue  to  be  wholly 
owned  and  commanded  by  citizens  of  the  United  States. 

398.  Vessels  so  entitled  to  re^stry  or  license  are  those 
of  the  following  classes,  wholly  owned  by  citizens  of  the 
United  States,  viz.: 

1.  Those  built  within  the  United  States,  and  which  have 
not  been  sold  to  a  foreign  citizen  or  subject  after  being  once 
documented. 

2.  Those  captured  in  war  to  which  the  United  States  is 
a  party,  by  a  citizen  or  by  citizens  thereof,  lawfully  con- 
demned as  prize. 

3.  Those  adjudged  to  be  forfeited  for  a  breach  of  the 
laws  of  the  United  States. 

4.  Those  built  in  a  foreign  country,  wrecked  within  the 
waters  of  the  United  States,  purchased  and  repaired  by  cit- 
izens of  the  United  States,  at  a  cost  equal  to  three-foiuths 
of  the  cost  of  the  vessel  when  repaired. 

Vessels  of  these  several  classes  are  prohibited  a  register 
by  law,  or  the  benefit  thereof,  if  owned  in  whole  or  in  part 
by  a  citizen  of  the  United  States  who  usually  resides  in  a 
foreign  country,  during  the  continuance  of  such  residence, 
unless  such  citizen  is  a  consul  of  the  United  States,  or  an 
agent  for  or  a  partner  of  a  mercantile  house,  consisting  of 
United  States  citizens,  carrying  on  trade  within  the  United 
States. 

Also  if  so  owned  by  a  naturalized  citizen  of  the  United 
States  residing  for  more  than  a  year  in  the  country  from 
which  he  originated,  or  for  more  than  two  years  in  any 
foreign  country,  unless  he  be  a  consul  or  other  public  agent 
of  the  United  States ;  also  if,  having  bfeen  recorded  or  reg- 
istered as  a  vessel  of  the  United  States  pursuant  to  law,  the 


152        THE  EXECUTIVE  DEPARTMENTS, 

same  was  licensed  or  authorized  to  sail  under  a  foreign 
flag  and  the  protection  of  a  foreign  government  during  the 
existence  of  the  rebellion  of  1861. 

399.  Marine  documents,  consisting  of  certificates  of 
registry,  enrollment,  and  license,  are  issued  by  the  collector 
of  the  port  upon  compliance  with  the  requirements  of  law 
and  regulations.  Severe  penalties — such  as  the  forfeiture  of 
the  vessel,  her  tackle,  &c.,  or  their  value — follow  any  false 
representations  or  fraudulent  appliance  in  obtaining  these 
papers.  All  business  matters  connected  with  the  registry 
or  licensing  of  these  vessels  are  transacted  by  the  collector 
of  the  port  to  which  the  same  belong,  under  printed  regu- 
lations and  forms  issued  by  the  Secretary  of  the  Treasury ; 
and  these  regulations  and  forms  are  construed,  explained, 
and  modified  from  time  to  time,  as  occasion  may  require, 
by  the  Navigation  Division. 

Questions  are  constantly  arising  under  these  regulations 
and  the  laws  relating  to  these  vessels,  and  are  as  constantly 
referred  by  the  Secretary  for  the  consideration  and  decision 
of  that  division. 

400.  Questions  also  arise  in  the  different  ports,  and  are 
likewise  there  referred,  regarding  the  entry  and  clearance 
of  vessels,  the  recording  of  bills  of  sale,  mortgages,  and 
hypothecation  of  vessels. 

401.  Every  vessel  arriving  within  a  port  of  entry  from 
a  foreign  port  must,  within  twenty-four  hours  after  arrival, 
report  to  the  chief  officer  of  customs,  and  within  forty-eight 
hours  thereafter  the  master,  &c.,  must  make  the  entry  re- 
quired by  law,  accompanied  by  a  manifest  of  the  cargo, 
in  proper  form  and  duly  sworn  to,  and  deposit  the  ship's 
papers.  If  the  vessel  is  of  the  United  States,  the  crew  list 
must  at  the  same  time  be  exhibited,  and  the  crew  must  be 
accounted  for. 

403.  The  masters  of  all  vessels  leaving  for  foreign 


INTERNAL  REVENUE  AND  NAVIGATION.     153 

ports,  and  with  some  exceptions  leaving  coastwise,  must 
obtain  from  the  collector  of  the  port  a  clearance,  after 
first  delivering  a  true  manifest  of  the  cargo,  properly  veri- 
fied and  in  due  form,  a  full  descriptive  list  of  the  ship's 
company,  and  a  bond  for  the  production  of  the  crew,  if  on 
a  foreign  voyage  or  engaged  in  the  whale  fisheries.  Severe 
penalties  are  imposed  by  law  upon  the  master  of  any  ves- 
sel leaving  without  obtaining  the  proper  clearance  from  the 
collector. 

403.  All  the  incidents  attending  entry  and  clearance 
of  vessels,  and  the  liability  of  the  same  or  the  master  to 
the  penalties  incurred  under  the  statute  for  fraud,  irregu- 
larity, neglect,  or  avoidance,  as  regards  a  due  observance 
of  law,  come  properly  before  this  division,  in  some  form  or 
other,  for  consideration. 

4:04:.  This  division  also  has  charge  of  matters  in  rela- 
tion to  the  carriage  of  passengers  in  emigrant  vessels,  and 
of  those  affecting  steerage  passengers,  their  rights,  protec- 
tion, and  comfort,  on  the  great  ocean  steamers ;  of  matters 
pertaining  to  the  American  merchant  tiarine  in  foreign 
ports,  the  care  of  destitute  seamen  in  those  ports,  and  their 
transportation  home. 

In  regard  to  this  last  subject,  it  receives  reports  from 
our  consuls  abroad  of  seamen  discharged  in  foreign  ports. 
For  the  protection  of  the  seaman  in  such  a  case,  the  con- 
sul is  required  to  demand  from  the  master  of  the  vessel 
three  months'  extra  pay  on  account  of  each  seaman  so 
discharged,  and  in  case  of  refusal  to  report  the  facts,  so 
that  collection  may  be  made  by  the  proper  authorities, 
from";  the  owners  of  the  vessel,  at  the  port  to  which  she 
belongs. 

400.  This  division  gives  its  attention  also  to  matters 
connected  with  the  collection  of  tax  on  tonnage  of  vessels 
arriving  in  the  ports  of  the  United  States,  and  to  the  re- 


154  THE   EXECUTIVE  DEPARTMENTS. 

fund  of  tonnage  dues  and  fees  exacted  in  excess  of  the 
sums  required  by  law  to  be  paid  in  particular  cases.  As 
regards  this  part  of  its  duties,  it  receives  reports  from  cus- 
toms officers  of  all  vessels  arriving  in  their  respective  ports, 
and  makes  a  register  of  the  same  under  convenient  heads, 
showing  the  name  of  the  vessel,  her  character  and  rig,  her 
tonnage  admeasurement,  and  the  amount  and  time  of  the 
payment  of  tonnage  dues.  It  gives  attention  to  the  ad- 
measurement, naming,  and  numbering  of  vessels,  and  to 
the  carrying  trade,  under  the  peculiar  benefits  and  restric- 
tions of  the  law,  whether  coastwise  or  from  or  to  foreign 
countries. 

4:06.  This  division  gives  its  attention  also  to  the  ad- 
justment of  claims  for  drawback  of  internal-revenue  taxes ; 
also  to  other  internal-revenue  matters  engaging  the  imme- 
diate attention  of  the  Secretary  of  the  Treasury. 

407.  It  adjusts  the  compensation  to  be  allowed  to  in- 
formers, both  under  internal-revenue  and  customs  laws,  in 
accordance  with  section  3463  of  the  Revised  Statutes  as 
regards  the  first,  Jind  with  the  act  of  June  22,  1874,  (Stats. 
18,  p.  186,)  as  regards  the  latter. 

408.  It  has  charge  also  of  the  compromise  of  claims 
and  suits,  on  application  of  parties  indebted  to  the  United 
States,  for  the  benefit  of  sections  3229  and  3469  of  the  Re- 
vised Statutes,  with  the  exception  of  those  arising  under 
the  customs  laws. 

In  regard  to  the  compromise  of  claims  generally,  the  au- 
thority of  the  Secretary  of  the  Treasury  is  restricted  to-^ 
or,  in  other  words,  his  jurisdiction  is  obtained  only  upon — 
the  favorable  recommendation  of  the  United  States  attor- 
ney, or  other  attorney  or  agent  having  charge  of  the  claim, 
and  the  concurrence  in  such  recommendation  of  the  Solic- 
itor of  the  Treasury. 

In  cases  arising  under  internal-revenue  laws,  specially 


COMPKOMISES   AND   REMISSIONS.  155 

provided  for  by  section  3229,  the  interposition  of  either  of 
these  officers  is  not  required.  When  such  a  case  is  not  in 
suit,  the  Commissioner  of  Internal  Revenue  may  compro- 
mise, with  the  consent  of  the  Secretary  of  the  Treasury 
alone  ;  but  after  suit  the  consent  of  the  Secretary  must  be 
joined  with  the  recommendation  of  the  Attorney-Greneral. 
According  to  an  opinion  of  the  Attorney-Greneral,  a  case 
of  this  character,  after  judgment,  becomes  subject  to  the 
general  power  of  compromise  given  by  section  3469,  re- 
quiring for  its  exercise  the  concurrence  of  the  United  States 
attorney,  the  Solicitor  of  the  Treasury,  and  the  Secretary 
of  the  Treasury. 

409.  This  division  also  gives  direction  to  the  authority 
of  the  Secretary  under  law  to  remit  fines,  penalties,  and 
forfeitures  incurred  under  laws  relating  to  steam  vessels ; 
also  those  incurred  for  violation  of  the  customs  or  naviga- 
tion laws,  or  laws  imposing  duties  or  taxes.  (R.  S.,  §§  5292, 
5294 ;  act  June  22,  1874,  Stats.  18,  p.  189.) 

410.  In  the  latter  case  the  statutes  provide  that  the 
petitioner,  if  the  value  of  the  merchandise  or  vessel  seized 
or  subject  to  seizure  is  over  one  thousand  dollars  in  value, 
shall  present  his  petition  to  the  judge  of  the  district  where- 
in the  alleged  violation  occurred,  or  in  which  the  property 
is  situated,  setting  forth  the  facts  and  praying  for  relief; 
whereupon  the  judge  is  directed  to  inquire  in  a  summary 
manner  into  the  circumstances  of  the  case,  giving  due  no- 
tice to  the  United  States  attorney  and  the  collector  of  the 
port.  The  facts  appearing  on  such  inquiry  are  required  to 
be  stated  and  annexed  to  the  petition,  and,  together  with 
a  certified  copy  of  the  evidence,  to  be  transmitted  to  the 
Secretary  of  the  Treasury,  who  has  power,  upon  such  state- 
ment and  evidence,  to  remit  the  fine,  penalty,  or  forfeit- 
ure, or  remove  the  disability,  if  in  his  opinion  the  same  was 
incurred  without  willful  negligence  or  intention  of  fraud  in 


156  THE  EXECUTIVE  DEPARTMENTS. 

the  person  incurring  the  same,  and  to  direct  the  prosecu- 
tion to  cease,  if  any,  on  such  terms  and  conditions  as  he 
may  deem  just.  In  cases  where  the  fine  or  forfeiture  has 
been  incurred  under  laws  for  imposing  or  collecting  duties 
or  taxes,  or  relating  to  registering,  recording,  enrolling,  or 
licensing  vessels,  and  does  not  exceed  fifty  dollars,  or  un- 
der any  revenue  law  and  the  amount  does  not  exceed  one 
thousand  dollars,  or  under  any  law  relating  to  steam  ves- 
sels, the  Secretary  may  ascertain  the  facts  upon  any  appli- 
cation for  remission,  &c.,  in  such  manner  as  he  may  deem 
proper. 

If  he  is  satisfied  of  the  absence  of  willful  negligence  or 
of  intention  of  fraud,  according  to  the  terms  of  the  statute, 
his  decision  is  embodied  in  an  instrument,  under  seal  of  his 
department,  known  as  a  "warrant  of  remission."  Such 
warrant  declares  the  remission  of  the  fine  or  forfeiture,  and 
the  terms  and  conditions  upon  which  it  is  to  take  effect. 
If  a  proceeding  is  pending  in  court  for  the  enforcement  of 
the  forfeiture  or  penalty,  the  customary  routine  has  been 
to  transmit  the  warrant  to  the  Solicitor  of  the  Treasury, 
who  sends  it  to  the  proper  United  States  attorney,  with  in- 
structions that  it  may  be  duly  filed  in  court,  and  may  oper- 
ate to  release  the  party  from  his  liability  upon  a  compliance 
with  its  conditions. 

411*  This  division  also  considers  such  internal-revenue 
matters  as  properly  come  before  the  Secretary  of  the 
Treasury.  Among  these  are  the  compromise  of  internal- 
revenue  cases,  already  referred  to ;  the  refund  of  taxes  erro- 
neously or  illegally  assessed ;  the  business  relating  to  lands 
sold  and  disposed  of  under  the  direct -tax  law;  the  with- 
drawal of  alcohol  or  spirits  from  bond  free  of  tax  for  the 
use  of  scientific  institutions,  according  to  the  provision  of 
section  3297  of  the  Revised  Statutes. 


LOANS   AND  CURRENCY.  157 


V.  Loan  and  Curbency  Division. 

4L1^.  This  division  has  supervision  of  the  bonded  debt 
of  the  United  States.  It  issues  all  orders  for  engraving, 
printing,  and  numbering  the  Government  bonds,  and  re- 
ceives, seals,  and  makes  a  correct  serial  record  of  them 
before  they  are  issued  by  the  department.  No  original 
bond  goes  out  without  the  examination,  sanction,  and  order 
of  this  division,  and,  likewise,  without  such  sanction  no 
registered  bond  received  on  a  transfer  passes  from  the 
control  of  the  Treasury  Department.  The  bonds  outstand- 
ing and  authorized  are  known  by  different  designations  or 
titles,  to  distinguish  one  from  another,  and  a  separate  rec- 
ord of  and  account  with  each  description  of  the  loan  is  kept 
in  this  division. 

413.  The  number  of  loans  so  designated  and  outstand- 
ing, including  those  current,  in  whole  or  in  part,  as  well  as 
those  which  have  matured,  is  as  follows : 

Twelve  bearing  interest  in  coin. 

Two  bearing  interest  in  lawful  money. 

Twenty-two  which  have  maiured,  and  on  which  interest 
has  ceased. 

Six  made  up  of  non-interest  currency  notes  and  certifi- 
cates of  deposit. 

One  of  the  two  loans  bearing  interest  in  lawful  money  is 
composed  of  the  Pacific  railway  bonds,  issued  to  the  six 
Pacific  railway  companies,  in  different  proportions,  for  use 
in  the  construction  of  the  roads,  as  provided  by  the  acts  of 
July  1,  1862,  and  July  2,  1864.  The  United  States  is  bound 
absolutely  for  the  payment  of  these  bonds.  This  liability 
is  secured,  however,  by  a  second  mortgage  on  the  road, 
property,  and  equipments  of  the  several  companies. 

4:14.  The  only  bonds  now  being  issued  by  the  United 
States  are  those  of  the  funded  loan  of  1907,  authorized  by 


158  THE   EXECUTIVE   DEPARTMENTS. 

the  act  of  July  14, 1870,  bearing  interest  at  four  per  centum. 
Subscriptions  to  that  loan  are  now  being  received.  Still  an- 
other loan  is  authorized,  at  four  and  a  half  per  centum,  by 
that  act,  to  the  limit  of  three  hundred  millions  of  dollars. 
Bonds  of  this  last-named  loan  have  been  issued  to  Janu- 
ary 1,  1879,  aggregating  two  hundred  and  fifty  millions  of 
dollars.  Of  the  first-named  loan,  authorized  at  four  per 
cent.,  limited  by  the  act  to  one  thousand  millions,  there 
had  been  issued  to  the  date  aforesaid  bonds  aggregating 
three  hundred  and  thirty  million  seven  hundred  thousand 
dollars. 

4:15,  The  issue  of  any  of  these  bonds,  however,  does 
not  increase  the  national  debt;  for  the  law  authorizing 
them  specifically  provides  that  their  proceeds  shall  be  ap- 
plied to  the  redemption  of  any  of  the  bonds  outstanding 
known  as  five-twenty  bonds,  at  their  par  value,  or  that  any 
of  the  new  issue  may  be  exchanged  for  the  five-twenties, 
par  for  par,  and  for  no  other  purpose.  The  purpose  of  the 
law  is  simply  to  fund,  as  far  as  it  can  be  done,  a  large  por- 
tion of  the  outstanding  debt,  bearing  interest  at  six  per 
cent.,  into  a  loan  at  a  smaller  rate  of  interest. 

The  resumption  act  of  January  14,  1875,  also  provides 
that  the  Secretary  of  the  Treasury  may  sell  either  of  these 
descriptions  of  bonds,  and  use  the  proceeds  for  the  purposes 
of  resumption  of  specie  payments. 

4:16.  By  the  provisions  of  the  act  referred  to  of  1870, 
the  Secretary  of  the  Treasiu-y,  when  he  is  prepared  to  pay 
or  cancel  any  amount  of  these  five-twenty  bonds,  is  required 
to  give  a  public  notice,  and  therein  to  indicate  the  particu- 
lar bonds  to  be  paid  or  cancelled  by  class,  date,  and  num- 
ber, in  the  order  of  their  numbers  and  issues,  beginning 
with  the  first  numbered  and  issued.  In  three  months  after 
the  date  of  such  public  notice  the  interest  on  the  bonds  so 
advertised  is  to  cease.    By  a  subsequent  act  of  January  25, 


LOAN  AND  CURRENCY  DIVISION.  159 

1879,  interest  may  be  allowed  on  the  redeemed  bonds  for 
this  period  when  the  same  are  exchanged  for  the  four  per 
cents. 

417.  These  notices  and  calls  are  prepared  and  publish- 
ed by  the  Loan  Division.  The  business  connected  with  the 
issue  of  the  new  bonds,  and  with  the  receipt  and  cancella- 
tion of  the  old  ones  thus  paid,  redeemed,  and  exchanged, 
is  also  transacted  in  that  division.  There  have  been, 
up  to  and  including  the  4th  of  March,  1879,  ninety-one 
calls  for  these  old  bonds.  The  call  made  at  that  date  was 
for  bonds  aggregating  in  amount  $10,000,000.  The  bonds 
embraced  in  the  forty-sixth  call  constituted  the  residue  of 
those  issued  in  May  and  November,  1865,  under  the  act  of 
March  3,  1865.  The  forty -seventh  call,  therefore,  com- 
menced with  the  bonds  authorized  by  the  same  act,  but 
commercially  known  as  *'  consols  "  of  1865,  which  are  pay- 
able after  July  1,  1870,  at  the  option  of  the  Government. 

The  bonds  thus  called  in  commence  with  the  earliest  in 
date  of  five-twenties,  and  proceed  in  their  numerical  order, 
both  as  to  the  registered  and  coupon. 

The  following  statement  will  explain  in  detail  the  entire 
bonded  as  well  as  cm-rency  debt  of  the  United  States,  with 
reference  to  the  titles  of  the  several  loans,  the  authorizing 
acts  of  Congress,  and  the  amount  originally  issued  under 
each  description : 


160 


THE   EXECUTIVE   DEPARTMENTS. 


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162 


THE  EXECUTIVE  DEPARTMENTS. 


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LOAN  AND   CURKENCY   DIVISION.  163 

418,  This  division  has  charge  of  the  details  of  negoti- 
ating United  States  interest-bearing  securities  ;  of  the  prep- 
aration of  orders  for  engraving  and  printing  United  States 
bonds;  of  the  counting,  cancellation,  and  record  of  bonds 
received  for  redemption,  or  for  exchange  for  registered 
bonds ;  of  the  preparation  of  vouchers  for  the  issue  of 
registered  bonds ;  of  the  examination  and  record  of  trans- 
fers of  registered  bonds. 

419.  This  division  receives  notice  of  caveats  filed  against 
United  States  securities  alleged  to  have  been  destroyed,  lost, 
or  stolen,  and  in  connection  therewith  procures  evidence 
for  the  courts  and  the  law  officer  of  the  department,  and 
in  cases  of  reissue  secures  the  required  indemnity  for  the 
Government.  By  provision  of  the  statutes,  the  Secretary 
of  the  Treasury,  upon  being  satisfied  by  sufficient  evidence 
of  the  destruction  or  defacement  of  an  interest-bearing 
bond,  identified  by  number  and  description,  without  bad 
faith  on  the  part  of  the  owner,  or  of  the  loss  or  destruction 
of  any  registered  bond,  so  that  the  same  is  not  held  by  any 
person,  may  issue,  under  proper  restrictions,  a  duplicate, 
upon  receiving  a  sufficient  indemnity  bond,  with  two  sure- 
ties, securing  the  United  States  against  any  claim  for  own- 
ership in  such  lost  or  destroyed  bond.  Upon  such  loss  or 
destruction  being  discovered,  notice,  byway  of  caveat,  should 
be  filed  with  the  Secretary  of  the  Treasury,  giving  full  de- 
scription of  the  lost  or  destroyed  bond,  together  with  full 
and  ample  proof,  by  affidavit  or  otherwise,  of  the  loss  or 
destruction.  This  proof  is  considered  in  this  division,  and 
is  subject  to  the  approval  of  the  First  Comptroller  of  the 
Treasury.  If  it  is  concluded  to  issue  a  duplicate,  the  in- 
demnity bond  before  referred  to  is  prepared  for  the  execu- 
tion of  the  party  concerned  •and  his  sureties.  Without  this 
indemnity,  the  Secretary  cannot  issue  a  duplicate  of  the 
bond  shown  to  have  been  lost,  defaced,  or  destroyed. 


^n 


Of  The 

UNIVEESITY 


^KFORNl^ 


164        THE  EXECUTIVE  DEPARTMENTS. 

4:S0«  This  division  makes  a  record  also  of  the  issues  of 
gold  and  currency  certificates,  and  of  their  cancellation 
upon  redemption ;  also  of  the  receipt,  counting,  cancella- 
tion, and  destruction  of  redeemed  District  of  Columbia 
securities, 

491.  This  division  has  supervision  of  the  counting,  can- 
cellation, record,  and  destruction  of  all  redeemed  and  mu- 
tilated United  States  notes  and  fractional  currency ;  also 
of  internal-revenue  stamps  redeemed,  or  those  mutilated  in 
printing.  This  part  of  its  duties  formerly  devolved  upon 
a  distinct  division,  called  the  Currency  Division,  which,  at 
a  recent  period,  was  consolidated  with  the  Loan  Division. 
These  United  States  and  fractional  notes  are  received  first 
by  the  Treasurer  of  the  United  States,  in  whose  office  they 
are  put  into  packages,  after  a  careful  count,  and  cut  in 
half.  Of  the  legal-tender  and  other  notes  the  lower  halves, 
and  of  the  fractional  currency  the  left-hand  halves,  are  sent 
to  this  division  for  verification  of  the  connt ;  the  remaining 
halves  to  the  corresponding  divisions  of  the  Register's  office. 
They,  therefore,  undergo  three  separate  counts,  each  count 
and  record  of  the  same  being  a  well-devised  check  upon 
any  possible  scheme  of  fraud. 

439.  This  division  has  charge  also  of  the  distinctive 
paper  for  United  States  notes,  bonds,  and  currency,  em- 
bracing its  receipt  from  the  superintendent  at  the  manu- 
factory ;  its  issue  on  proper  requisitions ;  the  keeping  of 
accounts  thereof  with  the  superintendent  at  the  manufac- 
tory, with  the  Bureau  of  Engraving  and  Printing,  with  the 
various  bank-note  companies,  with  the  Comptroller  of  the 
Currency,  with  the  Treasurer  of  the  United  States,  and  with 
the  Register  of  the  Treasury ;  also  of  the  keeping  of  a  sim- 
ilar account  of  all  paper  used^for  internal-revenue  stamps, 
from  the  time  of  its  receipt  by  the  superintendent  at  the 


THE  REVENUE  MARINE  SERVICE.        165 

manufactory  until  its  delivery  to  the  Commissioner  of  In- 
ternal Revenue  in  stamps. 

VI.  The  Division  of  the  Revenue  Marine. 

433.  In  order  the  more  efficiently  to  prevent  smug- 
gling, and  to  aid  the  customs  officers  in  the  collection  of 
the  revenue,  the  law  has  placed  under  the  control  of  the 
Secretary  of  the  Treasiury  a  fleet  of  armed  vessels,  officered, 
manned,  and  equipped.  These  vessels  guard  the  coast,  the 
inlets,  and  the  rivers  along  the  sea-board ;  they  are  stationed 
in  the  harbors  of  our  lai^er  ports,  and  are  ready  at  all  times 
for  pm-suit,  for  the  purpose  of  overhauling  ar  boarding  sus- 
picious craft  and  incoming  vessels,  and  for  general  purposes 
of  search  and  observation. 

434.  The  duties  of  the  Secretary  of  the  Treasury,  in 
regard  to  these  vessels  and  their  employment,  are  adminis- 
tered through  this  division.  These  include  the  manage- 
ment of  the  service ;  the  supervision  of  the  building  and 
equipment  of  the  vessels ;  the  determination  of  the  class 
and  kind  of  vessel ;  the  size,  rig,  &c^  of  the  same ;  the 
drawing  of  specifications  for  hulls,  spars,  rigging,  and  ma- 
chinery ;  the  advertisement  of  proposals  to  build ;  the  ex- 
amination of  proposals  when  made ;  the  selection  of  the 
lowest  bidder,  or  the  party  with  whom  to  enter  into  con- 
tract; the  making  of  contracts  for  construction;  the  in- 
spection and  superintendence  of  the  work  as  it  may  pro- 
gress ;  the  selection  of  the  necessary  armament,  equipment, 
and  stores  of  the  vessels ;  and  the  examination  and  certifica- 
tion of  all  accounts  arising  from  these  operations,  prelim- 
inary to  their  proper  adjustment  by  the  accoimting  officers. 

^25,  This  division  also  determines  upon  the  repair, 
purchase,  and  sale  of  revenue  vessels,  and  prepares  t\e 
papers  connected  therewith ;  also  upon  the  designation  of 
the  vessels  in  the  service  to  their  respective  stations  of 


166  THE  EXECUTIVE  DEPARTMENTS. 

duty,  and  the  defining  of  the  cruising-ground  of  each ;  ^also 
upon  the  assignment  of  the  officers  to  duty,  upon  the  pur- 
chase of  supplies,  the  regulation  of  the  crew,  upon  the 
wages  to  be  paid,  and  upon  the  complement  of  men  for 
each  vessel.  This  division  also  examines  and  certifies  the 
accounts  of  the  vessel,  the  pay-rolls  and  accounts  of  dis- 
bursements made  by  the  collectors  ^f  customs,  and  of  the 
accounts  of  the  officers.  It  also  examines  and  settfes 
claims  against  the  revenue-cutter  service  for  damages  by 
collision,  for  wharfage,  tonnage,  &c. 

4^6.  This  division  thus  directs  the  management  and 
maintenance  of  an  armed  fleet  of  vessels,  36  in  number, 
employing  203  officers  and  about  800  men. 

The  officers  designated  by  the  statutes,  for  each  vessel, 
are  one  captain,  one  first,  one  second,  and  one  third  lieu- 
tenant ;  and  for  each  steam  vessel,  in  addition,  one  engi- 
neer and  an  assistant  engineer ;  but  the  Secretary  is  left  to 
his  own  discretion  as  to  a  modification  of  this  number,  and 
as  to  the  number  of  petty  officers  and  men  to  employ. 

427.  The  Eevenue  Marine  Division  is  charged  also 
with  all  matters  relating  to  the  United  States  coast  survey 
coming  before  the  Secretary,  as  well  as  matters  relating  to 
weights  and  measures,  upon  which  the  Secretary  is  required 
by  law  to  act ;  also  those  pertaining  to  the  light-house  es- 
tablishment. 

Vn.  Division  of  Appointments. 

428.  This  division  has  supervision  of  all  matters  relat- 
ing to  the  appointment,  removal,  or  suspension  of  all  offi- 
cers, clerks,  messengers,  &c.,  under  the  control  of  the 
Treasury  Department ;  including  the  examination  of  appli- 
cations and  recommendations  for  appointment  or  employ- 
ment, and  the  preparation  of  commissions  for  appointees  ; 
the  examination  and  investigation  of  all  complaints  and 


APPOINTMENTS,  STATIONERY,  PRINTING.  167 

charges  against  officials  or  employees,  except  when  such 
investigation  is  otherwise  specially  directed. 

439.  It  is  charged  with  the  preparation  of  reports  re- 
quired by  law  to  be  laid  before  Congress  by  the  Secretary 
of  the  Treasury,  relative  to  the  employment  and  compen- 
sation of  persons  in  various  branches  of  the  public  service, 
and  with  the  preparation  and  publication  of  the  "United 
States  Treasury  Register." 

4:30.  It  is  also  charged  with  the  verification  of  all  pay- 
rolls of  the  department ;  with  the  inspection  of  the  accounts 
of  steamboat  inspectors  and  internal-revenue  gangers  ;  and 
the  examination  of  all  estimates  for  salaries  and  compen- 
sation of  officers  and  employees. 

431.  Also  with  the  keeping  of  accounts  of  miscella- 
neous expenditures  from  the  appropriation  for  the  collec- 
tion of  the  revenue  from  customs. 

433.  Also  with  the  keeping  of  the  account  of  absence 
from  duty  of  employees  in  the  several  bureaus  and  offices 
of  the  department,  and  the  consideration  of  requests  for 
leave  of  absence. 

VIII.  Division  of  Stationery,  Printing,  and  Blanks. 

433.  This  division  is  charged  with  the  purchase  and 
supply  of  stationery,  blanks,  and  blank  books  for  the  depart- 
ment, sub-treasuries,  depositaries,  custom-houses,  revenue 
vessels,  life-saving  stations,  marine  hospitals,  light-houses, 
and  internal-revenue  offices ;  and  with  the  supervision  of 
the  printing,  binding,  lithographing,  and  engraving  for  the 
department,  except  United  States  bonds  and  notes.  United 
States  currency,  national  -  bank  notes,  and  internal-revenue 
stamps ;  also  with  the  arrangement  for  publication  and  the 
indexing  of  the  several  reports  and  tables  comprising  the 
finance  report. 

434.  Also  with  the  superintendence  of  the  advertising 


168  THE  EXECUTIVE  DEPARTMENTS. 

of  the  department ;  the  examination  and  reference  to  the 
proper  officers  of  the  accounts  for  such  advertising ;  and 
the  subscription  for  newspapers  and  periodicals. 

43o.  It  is  charged  also  with  the  preparation  and  deliv- 
ery to  disbursing  officers  of  the  Government  of  all  disburs- 
ing checks  used  by  them,  except  pension  checks  ;  the  cus- 
tody and  distribution  of  official  postage  stamps  for  the 
department ;  the  custody  and  distribution  of  cigar  stamps 
to  officers  of  the  customs  ;  the  examination  of  the  accounts 
of  those  officers  to  see  that  such  stamps  are  properly  ac- 
counted for ;  and,  generally,  with  all  business  connected 
with  the  foregoing. 

IX.  Division  of  Special  Agents. 

436.  This  division  is  charged  with  the  assignment  and 
detail  of  special  agents,  and  the  examination  of  their  ac- 
counts for  compensation  and  travelling  expenses,  and  the 
examination  and  reference  of  their  reports ;  also  with  the 
following  enumeration  of  duties  : 

437.  The  supervision  and  enforcement  of  the  regula- 
tions for  the  prevention  of  smuggling  and  frauds  on  the 
customs  revenue. 

438.  The  supervision  over  the  customs  districts,  and 
over  the  acts  of  customs  officers  and  their  books,  papers, 
and  records,  with  a  view  of  securing  uniformity  in  their 
methods  of  transacting  business. 

4:30.  The  supervision  of  the  transportation  of  merchan- 
dise in  bond,  including  the  examination  of  the  reports  of 
collectors  of  customs  at  ports  of  shipment  and  of  arrival ; 
and  the  investigation  of  cases  arising  from  alleged  irregu- 
larities in  connection  with  such  transportation. 

440.  The  examination  and  app/'oval  of  bonds  for  cus- 
toms warehouses  and  bonded  routes,  and  the  enforcement 
of  the  laws  and  regulations  governing  the  trade  with  Mexico 


THE   SECRET   SERVICE.  169 

and  Canada,  so  far  as  relates  to  the  establishment  of  bonded 
routes  and  mode  of  transportation. 

X.  The  Secret  Service  Division. 

441.  This  division  is  under  the  charge  of  an  officer 
designated  by  the  Secretary  of  the  Treasury  as  Chief  of  the 
Secret  Service.  The  division  itself,  as  well  as  the  chief,  is 
the  creature  of  regulation  of  the  department,  the  authority 
for  its  establishment  being  implied  from  the  act  of  Con- 
gress appropriating  for  the  current  fiscal  year  a  sum  of 
money  for  the  "  expenses  in  detecting  and  bringing  to  trial 
and  punishment  persons  engaged  in  counterfeiting  Treas- 
ury notes,  bonds,  national-bank  notes,  and  other  securities 
of  the  United  States,  and  the  coinage  thereof,  and  for  de- 
tecting other  frauds  upon  the  Grovernment,  to  be  disbursed 
under  the  direction  of  the  Secretary  of  the  Treasury." 

449.  The  division  thus  established,  although  connected 
with  the  Treasury  Department,  and  immediately  with  the 
Secretary's  office,  has  been  placed  by  the  Secretary  under 
the  general  direction  of  the  Solicitor  of  the  Treasury. 

443.  The  principal  duties  of  the  chief  and  his  subordi- 
nates are  to  detect  and  to  bring  to  trial  persons  engaged  in 
counterfeiting  the  coin,  currency,  and  securities  of  the 
United  States,  and  those  engaged  in  passing  or  dealing  in 
the  same ;  but  they  are  also  engaged  in  the  detection  of 
other  frauds  on  the  Grovernment. 

This  division,  as  well  as  the  preceding  and  the  one  named 
immediately  hereafter,  has  no  specific  authority  of  law  as 
an  organization  of  the  Secretary's  office,  and  is  not  presided 
over,  as  in  the  case  of  the  other  divisions,  by  a  chief  whose 
appointment  as  such  is  provided  for.  The  designation  of 
the  division  and  the  detail  of  the  head  thereof,  as  well  as 
its  organization,  spring  from  the  general  authority  of  the 
Secretary  to  prescribe  rules  for  the  government  of  his  de- 


170  THE   EXECUTIVE   DEPARTMENTS. 

partment  and  for  the  distribution  of  business  therein.     (R. 
S.,  §  161.) 

XI.  Division  of  Captured  and  Abandoned  Property. 

This  division  grew  originally  out  of  the  administration 
by  the  Secretary  of  the  Treasury  of  the  acts  of  Congress 
restricting  and  regulating  commercial  intercourse  with  parts 
of  the  country  the  inhabitants  of  which  were,  or  were  de- 
clared to  be,  in  a  state  of  insurrection.  Under  these  laws, 
trade  regulations  had  to  be  established  to  meet  the  exi- 
gencies existing  at  the  time  of  their  enactment,  arising  out 
of  the  then  existing  rebellion  of  the  year  1861  and  subse- 
quent years  ;  captured  and  abandoned  property  had  to  be 
taken  care  of  and  accounted  for ;  permits  to  trade  were 
required  to  be  issued  within  the  terms  of  the  laws ;  the 
purchase  and.  disposition  of  the  products  of  insurrection- 
ary sections  of  the  country  had  to  be  provided  for  under 
special  laws  applicable ;  and  the  vast  business,  intricate 
and  delicate  to  the  greatest  degree,  had  to  be  taken  care 
of  under  the  general  supervision  of  the  Secretary  of  the 
Treasury.  This  involved  the  appointment  and  supervis- 
ion of  general  and  special  agents,  having  special  teiTitorial 
jurisdiction,  whose  duties  required  the  issue  of  permits  ;  the 
regulation,  under  instructions  from  head-quarters,  of  trade  ; 
the  seizure  or  receipt  of  property  captiu*ed  by  the  army  or 
found  abandoned ;  the  safe-keeping  and  transportation  of 
the  same ;  its  sale  or  other  dispoifition ;  the  rendition  of 
proper  accounts  of  the  same  or  of  its  proceeds,  and  the 
decision  of  questions  arising  out  of  ownership,  or  contro- 
versies between  claimants.  In  the  administration  of  this 
business  there  has  been  a  vast  accumulation  of  papers,  cor- 
respondence, and  records,  all  of  which  are  now  in  charge 
of  the  present  Division  of  Captured  and  Abandoned  Prop- 
erty, in  the  office  of  the  Secretary  of  the  Treasury.     It  is 


CAPTURED   AND   ABANDONED   Pl^OPERTY.  171 

the  duty  of  this  division  to  preserve  these  files  and  records 
in  a  methodical  manner,  and  to  fm-nish  information  there- 
from as  it  may  be  required  by  Congress,  the  Secretary  of  the 
Treasury,  the  Attorney-General,  the  Court  of  Claims,  Claim 
Commissions,  or  to  meet  any  other  legal  and  proper  demand. 
Considerable  labor  is  required  in  the  examination  of  the  rec- 
ords pertaining  to  the  seizure,  detention,  and  sale  of  cotton 
by  the  United  States,  through  its  agents,  during  the  war  of 
the  rebellion  and  subsequently ;  which  examination  and  the 
information  to  be  obtained  are  required  by  the  Court  of 
Claims,  by  rules  issued  upon  the  head  of  the  department,  to 
answer  pending  cases  brought  by  claimants  against  the 
United  States  in  that  tribunal. 

This  division  has  referred  to  it,  for  adjudication,  claim^ 
made  under  the  fifth  section  of  the  act  of  May  18,  1872, 
(Stats.  17,  p.  134,)  by  lawful  owners  or  their  legal  represent- 
atives, of  cotton  seized  after  the  30th  of  June,  1865,  by 
the  agents  of  the  Government,  unlawfully  and  in  violation 
of  instructions,  the  net  proceeds  of  which  were  actually 
paid  into  the  Treasury  of  the  United  States.  The  opera- 
tion of  this  section  is  limited,  by  its  provisions,  to  claims 
filed  in  the  Treasury  Department  within  six  months  after 
the  passage  of  the  act.  Although  no  claims  are  now  filed 
or  received  under  this  provision,  yet  there  are  numerous 
claims  yet  unadjudicated,  involving  continuous  and  labo- 
rious employment  of  the  head  of  this  division  and  his  as- 
sistants. 

This  division  also  examines  and  refers  for  payment  final 
judgments  of  the  Court  of  Claims  in  favor  of  claimants,  it 
being  provided,  by  section  1089  of  the  Revised  Statutes, 
that  such  judgments  shall  be  paid  out  of  any  general  ap- 
propriation made  by  law  for  the  satisfaction  of  private 
claims,  on  presentation  to  the  Secretary  of  the  Treasury  of 
a  copy  of  such  judgment,  properly  certified  by  the  clerk  of 


172  THE   EXECUTIVE  DEPARTMENTS. 


the  court  and  signed  by.  the  presiding  judge.  These  claims 
or  judgments  are  payable  out  of  appropriations  made  by 
Congress  annually,  with  the  exception  of  those  arising  out 
of  "  captured  and  abandoned  property."  These  last  are 
payable  only  out  of  the  proceeds  of  such  property  covered 
in  the  Treasury,  and  are  provided  for  by  what  are  known 
as  the  permanent  appropriations,  according  to  section  3689 
of  the  Revised  Statutes. 

This  division  also  determines  questions  of  set-ofF  against 
such  judgments,  of  debts  due  the  United  States,  as  provided 
by  the  act  of  March  3,  1875.  (Stats.  18,  p.  481.)  That  act 
provides  that  when  any  final  judgment  recovered  against 
the  United  States,  or  other  claim  allowed  by  legal  author- 
ity, shall  be  presented  to  the  Secretary  of  the  Treasury  for 
payment,  and  the  plaintiff  or  claimant  shall  be  indebted 
to  the  United  States,  it  shall  be  that  officer's  duty  to  with- 
hold payment  of  an  amount  of  such  judgment  or  claim 
equal  to  the  amount  due  the  United  States.  But  if  the 
plaintiff  or  claimant  denies  his  indebtedness  or  refuses  to 
consent  to  the  set-off,  the  Secretary  is  required  to  withhold 
payment  of  the  amount,  and  an  additional  sum  to  cover 
charges  and  costs,  and  to  cause  legal  proceedings  to  be  im- 
mediately commenced,  and  to  cause  the  same  to  be  prose- 
cuted to  final  judgment  with  all  reasonable  dispatch.  If 
judgment  in  such  action  shall  be  against  the  United  States, 
or  the  amount  recovered  shall  be  less  than  that  withheld, 
the  balance  must  be  paid  over  to  the  plaintiff  or  claimant, 
with  six  per  cent,  interest  from  the  time  it  has  been  with- 
held from  him. 

This  division  gives  its  attention  also  to  business  growing 
out  of  the  joint  resoljition  of  Congress  approved  June  21, 
1870,  (Stats.  16,  p.  380,)  which  authorizes  the  Secretary  of 
the  Treasury  to  make  contract  and  provision  for  the  pres- 
ervation, sale,  or  collection  of  any  property,  or  the  pro- 


THE  DISBURSING   CLERKS.  173 

ceeds  thereof,  which  may  have  been  wrecked,  abandoned, 
or  become  derelict,  being  within  the  jurisdiction  of  the 
United  States,  and  which  ought  to  come  to  the  United 
States,  or  for  any  moneys,  dues,  and  other  interests  formerly 
in  the  possession  of  or  due  to  the  so-called  Confederate 
States  or  their  agents,  withheld  or  retained  by  any  person, 
corporation,  or  municipality  whatever.  In  contracts  which 
the  Secretary  may  so  make,  he  is  authorized  to  allow  such 
compensation  to  any  person  giving  information  thereof,  or 
who  shall  actually  preserve,  collect,  surrender,  or  pay  over 
such  moneys,  dues,  &c.,  as  he  may  deem  just  and  reason- 
able, all  such  compensation  and  the  charges  and  expenses 
to  be  paid  only  from  moneys  realized  from  the  property 
collected  under  the  specific  agreement. 

XII.  Disbursing  Clerk. 

4:4H:.  Attached  to  the  office  of  the  Secretary  of  the 
Treasury  also  are  two  disbursing  clerks,  who  hold  positions 
substantially  analogous  to  those  held  by  heads  of  divisions. 
Their  respective  duties  are  distributed^  as  follows  : 

One  is  charged  with  the  payment  gf  salaries  and  com- 
pensation of  the  officers  and  employees  in  the  following- 
named  offices : 

Office  of  the  Secretary  of  the  Treasury. 

Office  of  the  Second  Auditor. 

Office  of  the  Supervising  Architect. 

Office  of  the  Supervising  Surgeon  -  General  of  Marine 
Hospitals. 

Office  of  the  Supervising  Inspector -General  of  Steam 
Vessels. 

Division  of  Loans  in  the  office  of  the  First  Auditor. 

Division  of  Loans  in  the  office  of  the  Treasurer. 

The  payment  of  the  salaries  and  compensation  of  tempo- 
rary clerks  in  the  department. 


174  THE  EXECUTIVE  DEPARTMENTS. 

Salaries  and  compensation  of  special  agents. 

Salaries  and  compensation  of  custodians  and  janitors  of 
all  public  buildings  under  the  control  of  the  Treasury  De- 
partment. 

Salaries  and  compensation  of  all  inspectors  of  steam- 
boats. 

Also,  the  disbursement,  upon  the  order  of  the  Secretary 
of  the  Treasury,  of  such  moneys  as  may  be  placed  in  his 
hands  from  the  following  appropriations,  together  with  the 
keeping  and  rendering  of  the  necessary  accounts  connected 
therewith : 

Expenses  of  collecting  the  revenue  from  customs. 

Expenses  of  the  revenue-cutter  service. 

Life-saving  service,  contingent  expenses. 

Establishment  of  new  life-saving  stations. 

Vaults,  safes,  and  locks  for  public  buildings. 

Plans  for  public  buildings. 

Contingent  expenses  of  Independent  Treasui*^^. 

Contingent  expenses  of  Treasury  Department  (eleven 
appropriations). 

Various  appropriations  for  the  erection  and  repairs  of 
public  buildings  under  the  control  of  the  Treasury  Depart- 
ment throughout  the  country. 

Also,  all  other  moneys  from  other  appropriations  that 
may  be  from  time  to  time  placed  in  his  charge  by  the  Sec- 
retary. 

Xlir.  Disbursing  Clerk. 

44«>.  The  payment  of  the  salaries  and  compensation  of 
the  officers  and  employees  in  the  following-named  offices  is 
assigned  to  the  other  disbursing  clerk,  viz.: 

Offices  of  the  First  and  Second  Comptrollers. 

Offices  of  the  First,  Third,  Fourth,  and  Fifth  Auditors. 

Office  of  the  Treasurer. 


THE   DISBURSING   CLERKS.  175 

Office  of  the  Comptroller  of  the  Currency. 

Office  of  the  Commissioner  of  Customs. 

Office  of  the  Commissioner  of  Internal  Kevenue. 

Office  of  the  Light-house  Board. 

Office  of  the  Director  of  the  Mint. 

Bureau  of  Statistics. 

Also,  the  disbursement,  upon  the  order  of  the  Secretary 
of  the  Treasury,  of  such  moneys  as  may  be  placed  in  his 
hands  from  the  following  appropriations,  together  with  the 
keeping  and  rendering  of  the  necessary  accounts  connected 
therewith : 

Refunding  the  national  debt. 

Services  and  expenses  of  Southern  Claims  Commission. 

Inquiry  into  the  causes  of  steam-boiler  explosions. 

Treasury  building,  Washington,  D.  C. 

Propagation  of  and  inquiry  respecting  food-fishes. 

Illustrations  of  report  respecting  food-fishes. 

Repairs  and  preservation  of  public  buildings. 

Furniture  and  repairs  of  same. 

Fuel,  lights,  and  water  for  same. 

Heating  and  hoisting  apparatus  for  same. 

Assessing  and  collecting  internal  revenue. 

Punishment  for  violation  of  internal-revenue  laws. 

Salaries  and  expenses  of  supervisors  and  subordinate 
officers  of  internal  revenue.  , 

Stamps,  paper,  and  dies. 

Salaries  of  Bureau  of  Engraving  and  Printing. 

Labor  and  expenses  of  engraving  and  printing. 

Transportation  of  United  States  securities. 

Incidental  expenses  of  national  currency,  office  of  the 
Treasurer  of  United  States. 

Also,  all  other  moneys  from  other  appropriations  that 
may  be  from  time  to  time  placed  in  his  charge  by  the  Sec- 
retary. 


176  THE  EXECUTIVE  DEPARTMENTS. 


XIV.  The  Light-house  Board. 

446.  The  Light-house  Board,  which  by  law  is  attached 
to  the  office  of  the  Secretary  of  the  Treasury,  is  composed, 
according  to  tjie  statutes,  of  two  officers  of  the* navy  of 
high  rank,  two  officers  of  the  corps  of  engineers  of  the 
army,  and  two  civilians  of  high  scientific  attainments,  to- 
gether with  an  officer  of  the  navy  and  an  officer  of  engi- 
neers of  the  army  as  secretaries,  all  of  whom  are  appointed 
by  the  President  of  the  United  States.  The  Secretary  of 
the  Treasury  is  made  president  of  the  board  ex  officio.  (R. 
S.,  §  4653,  4654.) 

447.  The  board  is  required  to  elect  by  ballot  one  of 
its  number  as  chairman,  whose  duty  it  is  to  preside  at 
meetings  in  the  absence  of  the  president,  and  to  perform 
sucb  acts  as  the  rules  of  the  board  may  prescribe.  (R.  S., 
§  4655.) 

448.  The  board  is  requh-ed  to  meet  on  the  first  Mon- 
days in  March,  June,  September,  and  December,  but  it 
may  be  convened  oftener  by  the  Secretary  of  the  Treas- 
ury ;  and  it  may  adopt  such  regidations  for  the  govern- 
ment of  its  meetings  as  it  may  judge  expedient.  (R.  S.,  §§ 
4656,  4657.) 

449.  Under  the  superintendence  of  the  Secretary  of 
the  Treasury,  the  board  is  required  to  discharge  all  admin- 
istrative duties  relating  to  the  construction,  illumination, 
inspection,  and  superintendence  of  light-houses,  light-ves- 
sels, beacons,  buoys,  sea-marks,  and  their  appendages,  em- 
bracing the  security  of  foundations  of  works  already  exist- 
ing, the  purchasing  of  illuminating  and  other  apparatus, 
supplies  and  materials  of  all  kinds  for  building,  and  for 
rebuilding,  when  necessary,  and  the  keeping  in  good  repair 
the  light-houses,  light-vessels,  beacons,  and  buoys  of  the 
United  States.     It  is  required  also  to  take  charge  and  cus- 


THE   LIGHT-HOUSE   BOARD.  177 

tody  of  all  the  archives,  books,  documents,  drawings,  mod- 
els, returns,  apparatus,  and  other  things  appertaining  to 
the  light-house  establishment.     (R.  S.,  §  4658.) 

4:50.  It  is  required  to  furnish,  upon  the  requisition  of 
the  Secretary  of  the  Treasury,  all  the  estimates  of  expense 
which  the  several  branches  of  the  light-house  service  may 
require,  and  such  other  information  as  may  be  needed  to 
be  laid  before  Congress  at  the  commencement  of  each 
session.     (R.  S.,  §  4659.) 

4^1.  The  board  is  authorized,  when  an  appropriation 
has  been  made  for  a  new  lisjht-house  the  site  of  which 
does  not  belong  to  the  United  States,  to  purchase  the  nec- 
essary land  from  such  appropriation ;  and  no  structure  is 
to  be  erected  on  any  site  until  cession  of  jurisdiction  over 
the  land  has  been  made  to  the  United  States.  (R.  S.,  §§ 
4660,  4661.) 

4:52,  The  board  is  required  to  cause  to  be  prepared  by 
its  engineer  secretary,  or  by  such  officer  of  engineers  of 
the  army  as  may  be  detailed  for  the  purpose,  all  plans, 
drawings,  specifications,  and  estimates  of  costs  of  all  illum- 
inating and  other  apparatus,  and  also  for  the  construction 
and  repairs  of  towers,  buildings,  &c.,  connected  with  the 
light-house  establishment ;  and  no  bid  or  contract  can  prop- 
erly be  accepted  or  entered  into,  except  upon  the  decision 
of  the  board,  at  a  regular  or  special  meeting,  and  through 
its  properly  authorized  officers.     (R.  S.,  §  4665.) 

4:53.  All  materials  for  construction  and  repairs  of  light- 
houses, &c.,  are  required  to  be  procured  by  public  con- 
tracts, under  regulations  to  be  prescribed  by  the  board. 
(R.  S.,  §  4666.) 

4:^4.  The  board  is  required  to  arrange  the  Atlantic, 

Gulf,  Pacific,  and  lake  coasts  of  the  United  States  into 

light-house  districts,  not  exceeding  twelve  in  number ;  and 

an  officer  of  the  army  or  navy  is  required  to  be  assigned 

12 


178  THE   EXECUTIVE  DEPARTMENTS. 

to  each  district  as  a  light-house  inspector,  subject  to  the 
orders  of  the  board.     (R.  S.,  §§  4670,  4671.) 

4:55,  Upon  the  recommendation  of  the  board,  the  Sec- 
retary of  the  Treasury  may  discontinue  from  time  to  time 
such  lights  as  may  from  any  cause  become  useless  or  un- 
necessary, and,  on  like  recommendation,  he  may  reestablish 
any  lights  which  have  been  thus  discontinued  whenever  he 
believes  such  reestablishment  to  be  required  by  public  con- 
venience or  the  necessities  of  trade  or  commerce.  (R.  S., 
§  4674.) 

4^6.  It  is  made  the  duty  of  the  Light-house  Board  to 
mark  all  pier-heads  belonging  to  the  United  States,  situated 
on  the  northern  and  northwestern  lakes,  whenever  the  board 
is  duly  notified  by  the  department  charged  with  the  con- 
struction or  repair  of  pier-heads  that  the  construction  or 
repair  of  any  such  pier-heads  has  been  completed.  (R.  S., 
§  4677.)  It  is  also  authorized,  when  deemed  necessary,  to 
place  a  light-vessel  or  other  suitable  warning  of  danger  on 
or  over  any  wreck  or  temporary  obstruction  to  the  entrance 
of  any  harbor,  or  in  the  channel  or  fair-way  of  any  bay  or 
sound.     (R.  S.,  §  4676.) 

4:57,  The  clerical  business  required  to  be  transacted 
by  the  Light -house  Board  is  under  the  supervision  of  a 
Chief  Clerk.  The  law  provides  for  a  limited  number  of 
clerks  of  the  several  classes,  and  a  larger  number  of  clerks, 
copyists,  and  draughtsmen  are  detailed  from  the  office  of 
the  Secretary  of  the  Treasury,  according  to  the  character 
and  amount  of  the  work  required  to  be  performed. 

XV.  Bureau  op  the  Mint. 

458.  It  is  provided  by  law  that  there  shall  be  in  the 
Treasury  Department  a  Bureau  of  the  Mint,  embracing  in 
its  organization  and  under  its  control  all  United  States 
mints  for  the  manufacture  of  coin,  and  all  assay  offices  for 


BUREAU   OF  THE  MINT.  179 

the  assay,  parting,  and  refining  of  metal  and  bullion,  and 
the  stamping  of  the  bars  thereof  previous  to  the  coinage  of 
the  same. 

4^9.  The  different  mints  so  under  the  direction  of  this 
bureau  are  those  at  Philadelphia,  San  Francisco,  Denver, 
New  Orleans,  and  Carson  City. 

460.  The  different  assay  offices  are  those  at  New  York, 
Boise  City,  and  at  Charlotte,  North  Carolina. 

461.  The  officers  of  each  mint  are  a  superintendent,  an 
assayer,  a  melter,  a  refiner,  a  coiner,  and  for  the  mint  at 
Philadelphia  an  engraver,  in  addition. 

469.  The  officers  of  the  assay  offices  are  an  assayer  and 
a  melter,  and  at  the  assay  office  at  New  York,  in  addition, 
a  superintendent  and  a  refiner. 

463.  The  chief  officer  of  this  Bureau  of  the  Mint  is  the 
Director  of  the  Mint,  who  is  under  the  general  direction  of 
the  Secretary  of  Treasury.  He  receives  his  appointment 
from  the  President,  with  the  advice  and  consent  of  the 
Senate.     (R.  S.,  §  343.) 

464.  He  is  charged  with  the  general  supervision  of  all 
mints  and  assay  offices,  and  is  required  to  make  an  annual 
report  to  the  Secretary  of  the  Treasury  at  the  close  of  each 
fiscal  year,  and  from  time  to  time  such  additional  reports, 
setting  forth  the  operations  and  conditions  of  these  institu- 
tions, as  the  Secretary  may  need ;  also  to  lay  before  that 
officer  annual  estimates  for  their  support.     (R.  S.,  §  345.) 

460.  He  is  empowered,  with  the  approbation  of  the 
Secretary  of  the  Treasury,  to  determine  the  annual  salaries 
of  the  assistants  and  clerks  of  the  several  mints,  and  his 
approval  is  required  of  the  wages  allowed  and  paid  by  the 
superintendents.     (R.  S.,  §  3499.) 

466.  He  is  empowered,  with  the  approval  of  the  Secre- 
tary, to  engage  temporarily,  for  the  purpose  of  preparing 
the  devices,  models,  moulds,  and  matrices  or  original  dies 


180  THE  EXECUTIVE   DEPARTMENTS. 

for  the  same,  the  services  of  one  or  more  artists  distinguish- 
ed in  their  respective  departments  of  art.     (R.  S.,  §  3510.) 

467.  He  may  from  time  to  time  establish  the  valuation 
at  which  silver  bullion  contained  in  gold  deposits  and  sep- 
arated therefrom  maj  be  paid  for  in  silver  coin.  (R.  S.,  § 
3520.) 

4:68.  The  Director  of  the  Mint,  with  the  approval  of  the 
Secretary  of  the  Treasury,  is  required  to  fix  from  time  to 
time  the  charges  for  converting  standard  silver  into  trade 
dollars ;  for  melting  and  refining,  when  bullion  is  below 
standard  ;  for  toughening,  when  metals  are  contained  in  it 
which  render  it  tmfit  for  coinage  ;  for  copper  used  for  al- 
loy, when  the  bullion  is  above  standard ;  for  separating  the 
gold  and  silver,  when  these  metals  exist  together  in  the  bul- 
lion ;  and  for  the  preparation  of  bars,  so  as  to  equal,  but 
not  exceed,  in  the  judgment  of  those  officers,  the  actual 
average  cost  to  each  mint  and  assay  office  of  the  material? 
labor,  wastage,  and  use  of  machinery  employed  in  each  of 
these  cases.     (R.  S.,  §  3524.) 

469.  Under  general  regulations  of  the  Director  of  the 
Mint,  approved  by  the  Secretary  of  the  Treasury,  silver 
coins  other  than  trade  dollars  may  be  transmitted  in  parcels 
from  time  to  time  to  the  Assistant  Treasurers,  depositaries, 
and  other  officers  of  the  United  States.     (R,  S.,  §  3527.) 

470.  The  minor  coins  may,  at  the  discretion  of  the 
Director  of  the  Mint,  be  delivered  in  any  of  the  principal 
cities  and'  towns  of  the  United  States  at  the  cost  of  the 
mint.     (R,  S.,  §  3529.) 

XVI.  The  Construction  Branch  of  the  Treasury. 
The  Supervising  Architect. 

471.  This  is  practically  a  branch  of  the  office  of  the 
Secretary  of  the  Treasury.  It  is  so  recognized  in  the  act 
of  1875  reorganizing  the  Treasury  Department,  and  is  there 


ENGRAVING  AND  PRINTING.  181 

given  a  distinctive  organization,  with  the  Supervising  Archi- 
tect at  its  head. 

4:72.  In  this  office  are  prepared  the  plans,  specifications, 
and  estimates  for  the  construction  or  repair  of  such  public 
buildings  as  are  by  law  placed  under  thq  control  of  the 
Treasury  Department.  In  this  labor  the  Supervising  Archi- 
tect has  the  assistance  of  a  corps  of  skilled  draughtsmen 
and  computers. .  Plans  for  the  construction  of  new  build- 
ings, together  with  specifications  and  detailed  estimates, 
are  required  to  be  made  by  that  officer,  and  to  receive  the 
approval  of  the  Secretary  of  the  Treasury,  the  Secretary 
of  the  Interior,  and  the  Postmaster-General,  before  any 
money  can  be  legally  expended  thereon. 

4:73.  The  Supervising  Architect,  under  direction  of  the 
Secretary  of  the  Treasury,  advertises  for  proposals  for  ma- 
terials and  workmanship  for  buildings  under  construction 
and  repair,  and  prepares  contracts  and  supervises  the  work 
in  progress,  whether  under  contract  or  otherwise.  In  his 
office  all  accounts  connected  with  such  work  are  examined 
preliminary  to  adjustment  by  the  proper  accounting  offi- 
cer of  the  Treasury.  That  officer  also  attends  to  the  rent- 
ing or  leasing  of  buildings  or  parts  of  buildings  required 
for  the  use  of  customs  officers  in  the  several  collection  dis- 
tricts ;  also  to  the  repairs  or  alterations  in  such  buildings 
necessary  to  fit  them  for  official  use  ;  and  in  general  super- 
vises the  transaction  of  all  business  pertaining  to  the  loca- 
tion, construction,  and  repair  of  buildings  under  the  control 
of  the  Treasury  Department. 

XVn.  Bureau  op  Engraving  and  Printing. 

474.  This  bureau  grew  out  of  the  necessity  for  the 
issue  of  paper  currency  to  meet  the  demands  on  the  Gov- 
ernment in  the  early  part  of  the  war  of  the  rebellion.  At 
first  contracts  were  made  with  the  bank-note  companies  of 


182  THE- EXECUTIVE  DEPARTMENTS. 

New  York  for  the  printing  and  supply  of  this  currency,  and 
by  the  terms  of  those  contracts  the  notes  were  delivered  to 
the  Treasury  Department  at  Washington  in  sheets.  Here 
they  were  required  to  be  signed  for  the  Treasurer  and 
Register,  which  was  done  through  a  detail  of  clerks  from 
the  different  bureaus  of  the  department.  The  notes  also 
required  clipping  and  separating,  which  were  done  at  first 
by  shears,  in  the  hands  of  a  similar  detail  of  clerks  who 
could  be  spared  from  their  ordinary  business.  Subse- 
quently women  were  employed  for  the  purpose ;  but  the 
work  grew  to  such  a  magnitude,  by  reason  of  the  great 
demand  for  the  circulation  of  the  notes,  that  mechanical 
means  were  found  necessary.  This,  however,  was  the  origin 
of  the  employment  of  women  in  the  departments.  From 
this  their  employment  extended  to  copying,  and  by  degrees 
to  even  a  higher  grade  of  clerical  work.  The  preparation 
and  operation  of  machines  for  clipping  and  separating  the 
notes  gave  rise  likewise  to  a  division  of  labor,  connected 
with  the  office  of  the  Secretary  of  the  Treasury,  which  was 
.  the  nucleus  of  the  present  Bureau  of  Engraving  and  Print- 
.  ing.  This  division  grew  by  degrees  until  the  officer  at  the 
head  of  the  same,  who  proved  to  be  of  great  mechanical 
skill  as  well  as  an  able  organizer,  conceived  the  idea  of 
engraving  and  printing  the  bonds  of  the  Government  at 
the  Treasury  Department.  This  enterprise,  afler  obtaining 
the  reluctant  consent  of  Mr.  Chase,  then  Secretary  of  the 
Treasury,  was  accordingly  commenced  with  the  third  series 
of  five-twenty  bonds,  he  having  been  convinced  that  the 
engraving  of  these,  and  perhaps  subsequent  issues,  could  be 
accomplished  at  a  great  saving  of  expense  to  the  Grovern- 
ment.  This  was  the  commencement  of  the  bureau,  which 
has  since  attained  such  a  magnitude  and  excellence  as  a 
bank-note  establishment,  producing  its  millions  of  issues, 
rivalling,  if  not  surpassing,  in  artistic  merit  all  former 
work  of  this  description. 


MARINE  HOSPITALS.  183 

The  law  specifically  provides  for  this  bureau  a  chief,  one 
assistant,  an  accountant,  eight  clerks,  and  three  copyists ; 
and  the  sum  of  two  hundred  thousand  dollars  is  appro- 
priated for  the  current  fiscal  year  for  labor  and  expenses 
of  engraving  and  printing,  for  the  purchase  of  engravers' 
tools,  dies,  rolls,  plates,  machinery,  and  for  repairs  of  the 
same.  The  bureau  accordingly  employs  a  large  force  of 
engravers,  plate-printers,  and  transferrers,  among  whom  are 
some  of  the  best-skilled  of  the  country  in  this  line  of  art ; 
and  it  is  supplied  ^ith  superior  presses,  lathes,  and  machin- 
ery. 

It  is  now  engaged  in  the  production  of  the  new  four  p6r 
cent,  consuls,  loan  of  1907,  heretofore  described  in  section 
414.  As  the  printing  of  these  is  completed  they  are  de- 
livered to  the  Loan  and  Currency  Division  of  the  office  of 
the  Secretary  of  the  Treasury,  where  they  receive  the  im- 
print of  the  Treasury  Department  seal,  and  are  there  issued. 
It  is  also  engaged  in  printing  national-bank  notes,  on  the 
requisition  of  the  Comptroller  of  the  Currency,  for  new 
banks,  or  for  use  in  supplying  the  place  of  worn-out  and 
mutilated  notes  as  fast  as  the  same  are  destroyed,  as  is 
hereafter  described  in  treating  of  the  particular  division  of 
that  office  having  charge  of  the  destruction  of  the  same. 
The  entire  work  of  printing  this  class  of  notes,  as  likewise 
all  other  printing  of  United  States  notes,  bonds,  checks,  cer- 
tificates of  deposit,  and  internal-revenue  beer  and  tobacco 
stamps,  is  done  iij  this  bureau  in  the  Treasury  Department. 

XVIII.  Office  of  Supervising  Surgeon -GENERAii  of 
Marine  Hospitals. 

4:75.  This  officer  was  first  provided  for  by  act  of  June 
29,  1870,  under  the  designation  of  Supervising  Surgeon  of 
Marine  Hospital  Service,  subject  to  appointment  by  the 
Secretary  of  the  Treasury.     Subsequently,  in  an  appropria- 


184  THE   EXECUTIVE  DEPARTMENTS. 

tion  act  of  March  3,  1875,  provision  was  made  for  the  sal- 
ary of  the  "Supervising  Surgeon -Greneral  of  the  United 
States  Marine  Hospital  Service/'  to  be  paid  out  of  the  ma- 
rine hospital  fund,  and  for  his  appointment  by  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate. 
By  act  of  the  same  date,  entitled  "An  act  to  promote  econ- 
omy and  efficiency  in  the  marine  hospital  service,"  provis- 
ion is  also  made  for  the  payment  of  the  compensation  out 
of  that  fund,  but  the  officer  is  designated  as  "  Supervising 
Surgeon  of  the  United  States  Marine  Hospital  Service." 

The  operations  of  this  service  are  placed  by  law  in  the 
direction  of  the  Secretary  of  the  Treasury. 

476.  The  duties  prescribed  as  those  of  the  "  Supervising 
Surgeon"  are  the  supervision  of  all  matters  connected  with 
the  marine  hospital  service,  and  of  disbursements  of  the 
fund  for  the  relief  of  sick  and  disabled  seamen. 

4:77.  He  is  required  to  make  monthly  reports  to  the 
Secretary  of  the  Treasury. 

478.  The  fund  for  the  support  and  maintenance  of  this 
hospital  service  is  derived  from  a  tax,  which  the  master  of 
every  United  States  vessel  is  required  to  pay,  of  forty  cents 
per  month  for  each  and  every  seaman  employed,  which  sum 
.the  master  is  entitled  to  collect  and  retain  from  the  wages 
of  such  seamen.  The  sum  annually  realized  from  this  tax 
is  about  $330,000,  which  is  insufficient,  usually,  for  the 
payment  of  the  expenses  necessarily  incurred  for  the  treat- 
ment of  from  ten  to  fifteen  thousand  patients  during  the 
year.  The  deficiency  is  made  up  from  an  appropriation  by 
Congress.  Seamen  employed  on  a  foreign  vessel,  sick  and 
disabled  in  our  ports,  may  receive  the  benefits  of  this  hos- 
pital service  under  regulations  of  the  Secretary  of  the 
Treasury,  and  at  such  rates  as  he  may  prescribe,  on  the 
application  of  the  master  of  such  vessel,  who  is  required  to 
pay  the  charges  therefor  to  the  collector  of  the  port  before 
he  can  receive  a  clearance. 


BUREAU   OF   STATISTICS.  185 

479.  The  clerical  work  of  this  office  is  somewhat  of  a 
varied  character.  Returns  of  hospital  dues  are  received,  em- 
bracing accounts  from  numerous  customs  ports,  with  their 
vouchers ;  also  accounts  and  vouchers  pertaining  to  the 
disbursement  of  the  funds  applicable  to  the  service.  These 
accounts  require  laborious  examination,  the  necessary  cor- 
rections and  official  correspondence  with  collectors  and 
disbursing  agents,  and,  finally,  their  transmission  to  the 
First  Auditor  for  settlement.  Sets  of  books  are  kept,  show- 
ing the  receipts  of  hospital  dues  and  the  disbursements 
made  from  the  fund.  This  office  is  also  in  receipt  of 
numerous  requisitions  from  the  several  hospitals  through- 
out the  country  for  supplies,  including  subsistence  stores, 
medicines,  surgical  appliances,  instruments.  Sec,  which  req- 
uisitions require  proper  examination,  revision,  and  action. 
The  office  also  receives  medical  and  surgical  returns,  offi- 
cial reports  relating  to  the  transactions  and  routine  of  the 
service,  which  require  examination,  tabulation,  and  record- 
ing ;  also  surgeons'  certificates  and  permits  in  great  num- 
bers, which  need  to  be  passed  upon.  Besides  these  enume- 
rated items,  the  general  correspondence  and  miscellaneous 
business  of  the  office  are  of  considerable  magnitude. 

XIX.  Bureau  of  Statistics. 

480.  This  bureau  was  established  by  an  act  of  Congress 
approved  July  28, 1866,  wherein  the  Secretary  of  the  Treas- 
ury was  authorized  to  appoint  a  director  to  superintend  its 
operations.  Subsequently,  by  act  of  July  20,  1868,  (Stats. 
15,  p.  99,)  it  was  styled  a  division  in  the  office  of  the  Sec- 
retary, and  placed  in  charge  of  the  Special  Commissioner 
of  Internal  Bevenue,  the  office  of  Director  of  the  Bureau  of 
Statistics  being  thereby  abolished.  The  Bevised  Statutes, 
however,  recognize  the  designation  of  "Bureau  of  Statis- 
tics," but  provide  for  the  appointment,  by  the  Secretary 


186  THE  EXECUTIVE  DEPARTMENTS. 

of  the  Treasury,  of  a  division  chief  as  the  superintendent 
thereof. 

The  piu-pose  of  this  bureau  is  to  collect,  arrange,  and 
classify  such  statistical  information  as  may  be  procured 
showing  or  tending  to  show,  each  year,  the  condition  of  the 
agriculture,  manufactures,  domestic  trade,  currency,  and 
banks  of  the  several  States  and  Territories. 

481.  The  chief  of  the  bureau  is  required  to  prepare 
annually  a  report  on  the  statistics  of  commerce  and  na\a- 
gation  of  the  United  States  with  foreign  countries.  In 
this  report  he  is  required  to  comprehend  all  goods,  wm'BS, 
and  merchandise  exported  from  the  United  States  to  other 
countries,  all  goods,  wares,  and  merchandise  imported  into 
the  United  States  from  other  countries,  and  all  navigation 
employed  in  the  foreign  trade  of  the  United  States.  The 
topics  are  to  be  stated  according  to  the  following  manner : 

First.  The  kinds,  quantities,  and  values  of  all  articles 
exported  and  of  all  imported  are  to  be  distinctly  stated, 
except  where  it  may  appear  that  separate  statements  of  the 
species,  quantities,  or  values  of  any  particular  articles  would 
swell  the  statement  without  utility,  when  in  such  case  the 
kinds  and  total  value  of  such  articles  are  to  be  stated  to- 
gether, or  in  such  classes  as  the  Secretary  of  the  Treasury 
may  think  fit. 

Second.  The  exports  are  to  be  stated  so  as  to  show  those 
to  each  foreign  country  and  their  values;  and  the  imports 
so  as  to  show  the  imports  from  each  foreign  country  and 
their  values. 

Third.  The  exports  are  to  be  so  stated  as  to  show  sepa- 
rately the  exports  of  articles  of  the  production  or  manufac- 
ture of  the  United  States  and  their  values,  and  the  exports 
of  the  production  and  manufacture  of  foreign  countries  and 
their  values. 

Fourth.  The  navigation  employed  in  the  foreign  trade  of 


BUREAU   OF   STATISTICS.  fl87 

the  United  States  is  to  be  stated  in  such  manner  as  to  show 
the  amount  of  the  tonnage  of  all  vessels  departing  from  the 
United  States  for  foreign  countries,  and,  separately,  the 
amount  of  such  tonnage  of  the  United  States  and  of  for- 
eign vessels ;  also  the  foreign  nations  to  which  such  for- 
eign tonnage  belongs,  with  the  amount ;  and  in  such  man- 
ner as  also  to  show  the  tonnage  of  all  vessels  departing  for 
every  particular  foreign  country  with  which  the  United 
States  has  any  vconsiderable  commerce,  with  a  separate 
statement  as  to  the  tonnage  of  such  vessels  of  the  United 
States  and  foreign  countries  respectively;  and  in  such 
manner  as  to  show  the  tonnage  of  all  vessels  arriving  in  the 
United  States  from  foreign  countries,  separating  the  amount 
of  tonnage  of  United  States  vessels  from  that  of  foreign 
vessels,  and  stating  the  foreign  country  to  which  the  latter 
belong,  with  the  tonnage  belonging  to  each  foreign  nation ; 
and  in  such  manner  as  to  show  the  tonnage  of  all  vessels 
from  every  particular  foreign  country  with  which  the  Uni- 
ted States  has  any  considerable  commerce,  and,  separately, 
the  amount  of  such  tonnage  of  vessels  of  the  United  States 
and  the  amount  of  such  tonnage  of  foreign  vessels. 

Fifth.  Such  accounts  are  to  comprehend,  in  tabular  form, 
the  quantity,  by  weight  or  measure,  as  well  as  the  amount 
of  value  of  the  several  articles  of  foreign  commerce,  whether 
dutiable  or  otherwise  ;  also  a  similar  and  separate  statement 
of  the  commerce  of  the  United  States  with  the  British  Prov- 
inces under  the  late  so-called  reciprocity  treaty  with  Great 
Britain.     (R.  S.,  §  336.) 

483.  In  order  to  enable  the  Chief  of  the  Bureau  of 
Statistics  to  prepare  this  annual  report,  the  statutes  require 
the  observance  of  certain  prescribed  regulations  on  the 
part  of  all  collectors  of  customs.     (R.  S.,  §  337.) 

483.  The  chief  of  this  bureau  is  also  required  to  pre- 
pare and  publish  monthly  reports  of  the  exports  and  im- 


188  THE   EXECUTIVE   DEPARTMENTS. 

ports  of  the  United  States,  including  the  quantities  and 
values  of  goods  warehoused  or  withdrawn  from  warehouse, 
arid  such  other  statistics  relative  to  the  trade  and  industry 
of  the  country  as  the  Secretary  of  the  Treasury  may  con- 
sider expedient.     (R.  S.,  §  339.) 

484.  Also  an  annual  statement  of  vessels  registered, 
enrolled,  and  licensed  under  the  laws  of  the  United  States, 
together  with  the  class,  name,  tonnage,  and  place  of  regis- 
try of  each  vessel,  and  such  other  information  as  the  Sec- 
retary of  the  Treasury  may  deem  proper  to  embody  therein. 
(R.  S.,  §  340.) 

485.  Also  an  annual  statement  of  all  merchandise  in 
transit  through  the  United  States  to  foreign  countries,  each 
description  of  merchandise,  so  far  as  practicable,  ware- 
housed, withdrawn  for  consumption,  exportation  and  trans- 
portation to  other  districts,  and  remaining  in  warehouse  at 
the  end  of  each  fiscal  year.     (R.  S.,  §  341.) 

486.  The  chief  of  this  bureau  is  required  to  collect, 
digest,  and  arrange  for  the  use  of  Congi-ess  the  statistics 
of  the  manufactures  of  the  United  States,  their  localities, 
sources  of  raw  material,  markets,  exchanges  with  the  pro- 
ducing regions  of  the  country,  transportation  of  products, 
wages,  and  such  other  conditions  as  are  found  to  affect  its 
prosperity.     (R.  S.,  §  342.) 

487.  The  Bureau  of  Statistics  has  been  organized  into 
the  following  divisions,  viz.:  Examinations,  Compilation, 
Tonnage  and  Immigration,  Registry  of  Merchant  Marine, 
Domestic  Commerce,  &c..  Publication  and  Miscellaneous, 
Library  and  Files,  Stationery,  Pay,  &c.,  Revision  and  Trans- 
lation. 

XX.  The  Coast  Survey. 

488.  The  office  of  the  Coast  Survey,  like  the  Light-house 
Board,  because  of  its  close  connection,  in  its  labors  and 
purposes,  with  the  interests  of  commerce  and  navigation. 


THE   COAST   SURVEY.  189 

has  become  in  process  of  time  attached  to  the  Treasury 
Department.  The  service  was  originally  provided  for  by 
act  of  February  10,  1807,  authorizing  the  President  to 
cause  a  survey  to  be  made  of  the  coasts  of  the  United 
States,  designating  the  islands,  shoals,  roads,  and  places 
of  anchorage  within  twenty  leagues  of  any  part  ©f  the 
shores  of  the  United  States ;  also  the  respective  courses 
and  distances  between  the  principal  capes  or  headlands ; 
and  including  such  other  matters  as  he  may  deem  proper 
for  completing  an  accurate  chart  of  every  part  of  the 
coasts.  In  that  act  he  was  also  directed  -to  cause  such  an 
examination  and  observation  to  be  made,  with  respect  to 
St.  George's  bank,  and  to  any  other  bank  or  shoal,  and 
the  soundings  and  currents,  although  beyond  the  distance 
of  twenty  leagues  front  the  shore,  to  the  Grulf  Stream,  as 
he  may  deem  especially  subservient  to  the  commercial 
interests  of  the  United  States. 

489.  The  act  of  March  3,  1843,  however,  provided  for 
an  organization  of  a  board  to  adopt  a  plan  of  reorganizing 
the  mode  of  executing  the  survey,  and  that  in  pursuance  of 
such  plan  the  President  should  employ  as  many  of  the  offi- 
cers of  the  army  and  navy  as  he  may  find  compatible  with 
the  successful  prosecution  of  the  work,  the  officers  of  the 
navy  to  be  employed  on  the  hydrographical  parts,  and  those 
of  the  army  on  the  topographical  parts  of  the  work. 

490.  The  direction  of  the  law  in  this  respect  is  still 
substantially  the  same,  viz.,  that  officers  of  the  army  and 
navy  shall,  as  far  as  practicable,  be  employed  in  the  work, 
whenever  and  in  the  manner  required  by  the  department 
having  charge  thereof. 

491.  The  results  of  the  surveys  of  the  coasts,  and  of 
the  labors  and  observations  incident  thereto,  are  exhibited 
in  maps  and  charts  prepared  and  engraved  by  experienced 
and  skillful  draughtsmen  and  engravers  employed  for  this 


190        THE  EXECUTIVE  DEPARTMENTS. 

Special  purpose.  These  maps  and  charts  are  for  the  use  of 
mariners,  for  sale  and  distribution  to  them,  to  foreign  gov- 
ernments, in  exchange  or  otherwise,  and  to  literary  and 
scientific  societies. 

49^.  The  Coast  Survey  is  required  to  submit  a  report 
to  Congress  during  the  month  of  December  in  each  year, 
which  is  to  be  accompanied  by  a  general  chart  of  the  whole 
coast  of  the  United  States,  on  as  large  a  scale  as  conven- 
ient and  practicable,  showing  as  near  as  practicable  the 
configuration  of  the  coasts,  and  showing  by  lines  the  prob- 
able limits  of  the  Grulf  Stream ;  also  by  lines  the  probable 
limits  to  which  the  soundings  off  the  coast  will  extend, 
and  showing  by  the  use  of  colors  and  explanations  the  ex- 
act portions  of  our  coasts  of  which  complete  charts  have 
been  published  by  the  Coast  Surv^;  also  showing  such 
other  parts  of  the  coasts  of  which  the  triangiilation,  the 
topography,  and  the  soundings  have  been  completed  but 
not  published ;  and  also  such  parts  of  the  coasts  of  which 
the  triangulation  and  topography  have,  or  the  triangulation 
only  has,  been  completed. 

The  officer  in  charge  of  these  duties  is  denominated  the 
Superintendent  of  the  Coast  Survey.  With  him  are  a  con- 
sulting geometer,  an  assistant  in  charge  of  the  office,  and 
numerous  assistants  and  sub-assistants.  Besides  these,  the 
office  is  constituted  of  computers,  draughtsmen,  clerks,  and^ 
engravers. 

XXI.  The  Life-saving  Sebvice. 
General  Superintendents 

493.  The  act  of  June  18, 1878,  provides  for  the  organ- 
ization  of  a  Life-saving  Service,  and  places  the  Greneral 
Superintendent  thereof  under  the  immediate  direction  of 
the  Secretary  of  the  Treasury.  It  authorizes  the  appoint- 
ment by  the  latter  of  an  Assistant  Superintendent  and  the 


THE   LIFE-SAVING   SERVICE.  191 

detail  of  officers  of  the  Revenue  Marine  Service  as  inspect- 
ors, under  the  direction  of  the  General  Superintendent. 

Although  this  service  is  not  treated  in  the  statutes  as 
forming  a  part  of  the  organization  of  the  office  of  the  Sec- 
retary of  the  Treasury,  yet  the  duties  of  the  head  thereof 
are  brought  into  such  a  close  relation  thereto  that  it  may 
be  appropriately  mentioned  here  m  that  connection,  the 
same  as  in  the  case  of  the  Marine  Hospital  Service. 

The  organization  of  the  Life-saving  Service,  as  a  part  of 
that  organization,  consists  according  to  law  of  the  head  and 
one  assistant,  already  named,  and  such  clerks  as  have  been 
detailed  by  the  Secretary  of  the  Treasury  to  perform  the 
clerical  work.  The  division  as  so  constituted  gives  atten- 
tion to  the  duties  required  of  the  Secretary  in  his  general 
direction  of  the  service,  including  those  specifically  devolv- 
ing by  law  on  the  General  Superintendent.  They  embrace 
the  establishment  of  life-saving  and  life-boat  stations  and 
houses  of  refuge  at  proper  points  along  the  coast,  for  af- 
fording aid  to  shipwrecked  vessels  thereon,  and  measures 
generally  calculated  to  promote  the  humane  purpose  of  the 
law ;  also  the  selection  of  sites  for  the  stations  and  houses 
of  refuge,  and  the  procurement  of  titles  thereto  ;  the  prepa- 
ration of  plans  and  specifications  for  buildings ;  the  making 
of  contracts  for  their  construction ;  the  testing,  selection, 
and  purchase  of  their  apparatus,  equipment,  and  supplies ; 
the  organization  of  the  service,  and  the  preparation  of  reg- 
ulations for  the  government  of  its  officers  and  employees ; 
the  employment  of  crews  of  experienced  surfmen,  and  the 
regulation  of  their  wages  and  duties ;  the  supervision  of 
all  expenditures  and  accounts  connected  with  the  service  ; 
and  the  preparation  of  estimates  for  the  support  of  the 
service. 

They  also  embrace  the  award  of  medals  for  the  saving  of 
life  from  the  perils  of  the  sea ;  the  collection  of  statistics 


192  THE   EXECUTIVE   DEPARTMENTS. 

of  marine  disasters  ;  the  investigation  of  the  circumstances 
attending  any  ship^vreck,  with  a  view  of  ascertaining  the 
cause  of  the  disaster ;  the  preparation  of  the  annual  report 
of  the  expenditures  and  operations  of  the  Life-sa^dng  Serv- 
ice, as  required  by  law. 


THE  FIRST   COMPTROLLER.  193 


CHAPTER  Vn. 

THE  FIRST  COMPTROLLER  OF  THE  TREASURY. 

4:94:.  The  existence  of  a  Comptroller  and  an  Auditor 
of  the  Treasury,  now  known  as  the  First  Comptroller  and 
First  Auditor,  dates  back  almost  to  the  formation  of  our 
Government.  These  officers  were  first  provided  for  by  the 
act  of  September  2,  1789,  establishing  the  Treasury  Depart- 
ment. By  act  of  March  3,  1817,  the  Comptroller  of  the 
Treasury  was  continued  under  the  name  of  the  First  Comp- 
troller, and  his  duties  were  divided  with  another  officer 
provided  for  by  this  act  under  the  designation  of  the  Second 
Comptroller. 

4L95,  These  two  Comptrollers  and  the  Auditors,  (the 
latter  now  six  in  number,)  hereinafter  specially  referred  to 
under  appropriate  heads,  constitute  what  are  known  as  the 
accounting  officers.  All  accounts  for  the  receipt  and  ex- 
penditure of  public  moneys  are  subject  to  their  examina- 
tion and  settlement,  as  the  same  come  respectively  within 
the  province  assigned  to  each  by  the  statutes.  Their  offi- 
cial duties,  as  may  be  readily  imagined,  are  of  vast  magni- 
tude, responsibility,  and  importance.  There  is  required  of 
them,  in  the  most  efficient  discharge  of  those  duties,  not 
the  capacity  of  the  accountant  merely,  but  of  a  mind  train- 
ed to  and  adapted  for  administrative  and  judicial  investi- 
gation. Those  duties  embrace  the  examination  of  facts, 
the  sifting  of  evidence,  the  determination  of  conflicting 
claims  and  adverse  interests,  as  well  as  the  construction  of 
statutes  and  the  application  of  settled  and  well-defined 
principles  of  law. 
13 


194  THE  EXECUTIVE  DEPARTMENTS. 

496.  To  proceed  to  the  duties  of  the  First  Comptroller 
as  specifically  defined  in  the  statutes,  we  will  find  that  he  is 
required  to  examine  all  accounts  settled  by  the  First  Au- 
ditor, except  those  relating  to  receipts  from  customs ;  also 
all  accounts  settled  by  the  Fifth  Auditor  and  by  the  Com- 
missioner of  the  General  Land  Office,  and  to  certify  the 
balances  arising  thereon  to  the  Register  of  the  Treasury ; 
also  to  superintend  the  adjustment  and  preservation  of  the 
public  accounts  which  are  subject  to  his  revision ;  also  to 
countersign  all  warrants  drawn  by  the  Secretary  of  the 
Treasury  which  are  authorized  by  law ;  also  to  superintend 
the  recovery  of  all  debts  certified  by  him  to  be  due  the 
United  States,  and  for  that  purpose  to  direct  all  such  suits 
and  legal  proceedings,  and  to  take  such  measures  as  are 
authorized  by  law  and  may  be  adapted  to  enforce  prompt 
payment  thereof.     (R.  S.,  §§  269,  3633.) 

49  T.  In  every  case  where  in  his  opinion  delay  will  be 
injurious  to  the  United  States,  the  First  Comptroller  is  re- 
quired to  direct  the  First  and  Fifth  Auditors  forthwith  to 
audit  and  settle  any  particular  account  which  such  officers 
may  be  authorized  to  audit  and  settle,  directing  them  also 
to  make  report  to  him  for  his  final  decision. 

498.  The  First  Comptroller  is  required  to  make  an  an- 
nual report  to  Congress  of  such  officers  as  shall  have  failed 
to  make  settlement  of  their  accounts  for  the  preceding 
fiscal  year  within  the  year,  or  within  such  further  time  as 
may  have  been  prescribed  by  the  Secretary  of  the  Treasury. 
(R.  S.,  §§  289,  270,  271,  272.) 

499.  To  particularize  as  to  the  accounts  which  by  law 
the  First  Comptroller  is  required  to  examine  and  revise  as 
coming  to  him  from  the  Fu-st  and  Fifth  Auditors  and  the 
Commissioner  of  the  General  Land  Office,  the  following 
mention  may  very  appropriately  be  made  in  this  place, 
although  they  are  referred  to  more  in  detail  hereafter,  in 
the  chapters  relating  to  those  officers,  viz.: 


THE  FIRST  COMPTROLLER.  195 

1.  Public  Debt, — Embracing  accounts  for  the  redemption 
of  United  States  stock  and  notes ;  interest  on  the  public 
debt ;  United  States  Treasurer's  accounts ;  United  States  As- 
sistant Treasurers'  accounts,  and  matters  pertinent  thereto. 

2.  Mints  and  Assay  Offices. — Embracing  accounts  of 
gold  and  silver  bullion  ;  accounts  of  salaries  of  the  officers 
of  mints  and  assay  offices,  and  of  their  ordinary  expenses. 

3.  Judiciary. — Embracing  the  accounts  of  United  States 
attorneys  and  clerks  of  United  States  courts ;  also  of  com- 
missioners of  the  Circuit  Courts  for  their  fees,  of  United 
States  marshals  for  their  fees,  and  expenses  of  United 
States  courts. 

4.  Public  Printing. — -Embracing  accounts  of  the  Con- 
gressional Printer  for  printing  and  binding,  and  for  the 
expenses  of  paper  and  materials ;  also  accounts  for  paper, 
printing,  and  binding  of  Territorial  Legislatures. 

5.  Congressional. — Embracing  the  accounts  for  salaries 
of  members  of  the  Senate  and  House  of  Representatives, 
and  for  contingent  expenses  of  those  bodies. 

6.  Internal  Revenue. — Accounts  of  collectors  of  internal 
revenue ;  accounts  for  compensation  of  the  same,  and  for 
their  expenditures  as  disbursing  officers ;  expenses  of  mak- 
ing collections  and  of  their  offices ;  also  accounts  of  inter- 
nal-revenue stamp  agents,  supervisors,  surveyors,  internal- 
revenue  agents ;  also  accounts  for  redemption  of  stamps, 
for  drawback,  &c. 

7.  Diplomatic  and  Consular. — Accounts  of  salaries  of 
diplomatic  officers,  and  those  arising  from  our  intercourse 
with  foreign  nations ;  accounts  of  consuls  for  expenses  of 
sick  and  disabled  seamen,  and  for  salaries  and  receipts  of 
fees  under  our  consular  system ;  also  awards  of  the  Alabama 
Claims  Commission. 

8.  Public  Lands. — ^Embracing  accounts  of  registers  and 
receivers  of  land  offices,  of  surveyors-general,  and  their 
deputies. 


196  THE   EXECUTIVE  DEPARTMENTS. 

9.  Steamboats. — Accounts  for  the  inspection  of  steam 
vessels  and  salaries  of  inspectors. 

10.  Miscellaneous. —  Embracing  accounts  for  the  con- 
tingent expenses  of  all  the  executive  departments  at  Wash- 
ington; salaries  of  the  civil  officers  of  the  Grovernment; 
expenses  of  the  coast  survey  and  of  public  buildings, 
grounds,  <fcc. 

000.  It  is  the  duty  of  the  First  Comptroller  to  examine 
for  approval  the  official  bonds  required  by  law  to  be  exe- 
cuted by  the  Treasurer  of  the  United  States,  in  the  sum  of 
one  hundred  and  fifty  thousand  dollars,  for  the  faithful  per- 
formance of  the  duties  of  his  office  ;  (R.  S.,  §  302  ;)  also  of 
the  bonds  required  to  be  executed  by  the  Secretary  of  the 
Senate  and  the  Clerk  of  the  House  of  Representatives ;  (R,. 
R.,  §§  57,  58 ',)  also  to  prescribe  the  penalty  of  the  bond  to 
be  given  by  a  collector  of  internal  revenue  as  disbursing 
agent.     (R.  S.,  §  3144.) 

001.  The  First  Comptroller  is  required,  in  case  any 
collector  of  the  revenue  or  other  officer  accountable  for 
public  moneys  fails  to  collect  or  to  render  his  account  or 
to  pay  over  in  the  manner  and  at  the  times  provided  by 
law,  to  report  the  same  to  the  Solicitor  of  the  Treasury 
immediately  after  having  evidence  of  such  delinquency, 
for  the  pm-pose  of  the  issue  by  the  latter  officer  of  a  dis- 
tress warrant,  according  to  the  provisions  of  law  to  that 
end.     (R.  S.,  §§  3217,  3625.) 

003.  It  is  the  duty  of  the  First  Comptroller,  whenever 
any  person  accountable  for  public  money  neglects  or  re- 
fuses to  pay  into  the  Treasury  the  sum  or  balance  reported 
to  be  due  the  United  States  on  the  adjustment  of  his  ac- 
count, to  institute  suit  for  the  recovery  of  the  same,  adding 
to  the  sum  stated  to  be  due  the  commissions  of  the  delin- 
quent, which  shall  be  forfeited  in  every  instance  where  suit 
is  commenced  and  judgment  is  obtained  thereon,  and  an 
interest  of  six  per  cent,  per  annum  from  the  time  of  receiv- 


THE   FIRST   COMPTROLLER.  197 

ing  the  money  until  it  shall  be  repaid  into  the  Treasury. 
(E.  S.,  3624.) 

^03.  It  is  his  duty  to  place  on  file  and  preserve  all 
contracts  made  by  virtue  of  law  requiring  the  advance 
of  money,  or  connected  with  the  settlement  of  public  ac- 
counts, as  are  by  law  required  to  be  deposited  in  his  office. 
(R.  S.,  §  3743.) 

^04.  He  is  prohibited  by  law  from  engaging  in  trade 
or  commerce,  or  from  being  concerned  in  the  ownership 
of  any  sea  vessel,  or  the  purchase  of  any  public  lands  or 
public  property,  or  the  purchase  or  disposal  of  public  secu- 
rities of  any  State  or  of  the  United  States,  or  from  taking 
and  applying  to  his  own  use  any  gain  or  emolument  for 
negotiating  or  transacting  any  business  in  the  Treasury 
Department.     (R.  S.,  §  243.) 

^O^.  The  officer  immediately  subordinate  to  the  Comp-" 
troller  is  the  Deputy  Comptroller  of  the  Treasury,  who  per- 
forms such  duties  as  may  be  assigned  him  by  his  superior, 
and  others,  analogous  to  those  devolving  upon  the  Chief 
Clerks  of  the  bureaus  in  other  departments,  of  a  supervis- 
ory character,  as  has  been  already  mentioned  in  connection 
with  the  organization  of  the  Executive  Departments  Gen- 
erally. 

506.  The  law  assigns  to  the  office  of  the  First  Comp- 
troller four  clyefs  of  divisions  and  a  number  of  clerks  of 
the  several  classes.  The  business  of  the  office  is  distribu- 
ted, however,  for  the  most  part,  to  these  chiefs  and  to  indi- 
vidual clerks  not  organised  into  divisions. 

507,  This  office  has  important  and  responsible  duties 
to  perform,  in  connection  with  the  advance  of  funds  to  dis- 
bursing officers  or  the  payment  of  accounts  from  appropri- 
ations. To  this  end,  an  account  is  kept  with  the  several 
appropriations  made  by  Congress.  All  warrants  of  the 
Secretary  of  the  Treasury  for  the  payment  of  money  from 
the  Treasury  are  required  to  have  the  countersign  of  the 


198  THE   EXECUTIVE   DEPARTMENTS. 

First  Comptroller.  It  is  accordingly  incumbent  on  him  to 
know  at  all  times  the  exact  condition  of  the  several  appro- 
priations. Ledger  accounts  are  kept  for  this  purpose,  and 
each  account  is  credited  with  the  sum  appropriated  for 
the  specific  object  of  expenditure,  and  debited  with  each 
warrant  issued  by  the  Secretary  and  countersigned  by  the 
Comptroller.  The  balance  constitutes  the  sum  available. 
So  that  before  the  Comptroller  attaches  his  countersign  the 
warrants  are  compared  with  the  ledger  account  of  the  par- 
ticular appropriation  by  the  clerks  upon  whom  devolves 
the  duty  of  receiving  and  examining  the  same. 

508.  In  this  office  are  filed  all  powers  of  attorney  for 
the  collection  of  interest  on  the  public  debt,  and  for  the 
collection  also  of  moneys  due  to  public  creditors  from  the 
Treasury  Department;  also  all  official  bonds  of  United 
States  consular  officers,  disbursing  officers  of  the  several 
executive  departments,  receivers  of  public  moneys,  survey- 
ors and  deputy  surveyors-general  of  the  land  office,  super- 
vising and  local  inspectors  of  steamboats,  collectors  of 
internal  revenue,  stamp  agents,  Territorial  officers,  officers 
of  the  mint,  and  the  Treasurer  and  Assistant  Treasurers  of 
the  United  States. 

All  contracts  of  the  Treasury  Department  are  also  filed 
in  this  office. 

This  office,  among  other  duties  not  before  mentioned, 
gives  its  attention  to  the  examination  and  decision  of  ap- 
plications for  the  issuing  of  bonds  and  other  securities  in 
place  of  securities  lost  or  destroyed,  the  process  of  which 
is  described  more  particularly  in  section  419  herein,  under 
the  head  of  Loan  and  Currency  Division,  in  the  office  of 
the  Secretary  of  the  Treasury.  It  also  performs  a  consid- 
erable amount  of  business  of  a  miscellaneous  character, 
which  cannot  well  be  more  particularly  specified,  requiring 
in  its  performance  much  careful  labor  and  attention. 


THE   SECOND   COMPTROLLER.  199 


CHAPTER  VIII. 

THE   SECOND   COMPTROLLER   OF   THE   TREASURY. 

^09.  The  gejieral  duties  of  this  officer,  as  prescribed 
by  law,  are  as  follow : 

To  examine  all  accounts  settled  by  the  Second,  Third, 
and  Fourth  Auditors,  and  to  certify  the  balances  arising 
thereon  to  the  heads  of  the  departments  in  which  the  ex- 
penditures have  been  incurred. 

To  countersign  all  requisitions  drawn  by  the  Secretaries 
of  War  and  of  the  Navy  which  shall  be  warranted  by  law. 

To  report  to  the  Secretaries  of  War  and  of  the  Navy  the 
official  forms  to  be  issued  in  the  different  offices  for  dis- 
bursing the  public  money  in  those  departments,  and  the 
manner  and  form  of  keeping  and  stating  the  accounts  of 
the  persons  employed  therein. 

To  superintend  the  preservation  of  the  public  accounts 
subject  to  his  revision.     (R.  S.,  §  273.) 

^10.  He  is  authorized  to  prescribe  rules  to  govern  the 
payment  of  arrears  of  pay  due  to  any  petty  officer,  seaman, 
or  other  person  not  an  officer,  on  board  any  vessel  employed 
by  the  United  States  which  h^s  been  sunk  or  destroyed,  to 
the  person  designated  by  law  to  receive  the  same,  in  case 
of  the  death  of  such  petty  officer,  seaman,  or  other  person. 
(R.  S.,  §  274.) 

511.  The  Second  Comptroller  is  authorized  to  detail 
one  clerk  to  sign,  in  the  place  of  the  Comptroller,  all  cer- 
tificates and  papers  issued  under  any  provision  of  law  relat- 
ing to  bounties,  the  said  officer  to  be  held  responsible  for 
the  official  acts  of  such  clerk.     (R.  S.,  §  275.) 


200  THE   EXECUTIVE   DEPARTMENTS. 

512,  In  case  of  the  loss  or  capture  of  a  vessel  belong- 
ing to  the  United  States  navy,  the  Second  Comptroller,  as 
one  of  the  proper  accounting  officers,  under  the  du-ection 
of  the  Secretary  of  the  Navy,  is  authorized,  in  the  settle- 
ment of  the  accounts  of  a  paymaster  of  such  vessel,  to 
credit  him  with  such  portion  of  the  amount  of  the  provis- 
ions, clothing,  small  stores,  and  money  with  which  he  stands 
charged,  as  the  said  Comptroller  shall  be  satisfied  was  inev- 
itably lost  by  such  capture  or  loss.     (R.  S.,  §  284.) 

^13.  Every  disbursement  of  public  moneys  or  disposal 
of  public  stores  made  by  a  disbursing  officer  pm-suant  to  an 
order  of  any  commanding  officer  of  the  navy,  may  be  al- 
lowed by  the  Second  Comptroller,  as  one  of  the  proper 
accounting  officers,  in  the  settlement  of  the  accounts  of  the 
officer,  upon  satisfactory  evidence  of  the  issuance  of  such 
order  and  of  the  payment  of  money  or  disposal  of  stores  in 
conformity  therewith ;  for  which  order  and  the  propriety  of 
the  disbursement  the  commanding  officer  aforesaid  is  to  be 
held  accountable.     (R.  S.,  §  285.) 

«S14r.  The  Second  Comptroller,  as  one  of  the  proper 
accounting  officers,  in  settling  the  accounts  of  seamen  and 
others  not  officers,  borne  on  the  books  of  any  vessel  of  the 
navy  which  shall  have  been  wrecked,  or  which  shall  have 
been  unheard  from  so  long  that  her  wreck  may  be  pre- 
sumed, or  which  shall  have  been  destroyed  or  lost  with  the 
rolls  and  papers  necessary  tp  a  regular  and  exact  settle- 
ment of  such  accounts,  is  authorized  to  fix  a  day  when 
such  wreck,  destruction,  or  loss  shall  be  deemed  to  have 
occurred.     (R.  S.,  §  286.) 

^1^.  He  is  requu'ed,  in  case  of  the  loss  of  any  vessel 

in  the  employ  of  the  United  States,  by  casualty  or  in  action 

with  the  enemy,  together  with  her  papers  necessary  to  the 

•  exact  ascertainment  of  the  several  accounts  of  the  same,  to 

assume  the  last  quarterly  return  of  the  paymaster  as  the 


THE   SECOND   COMPTROLLER.  201 

basis  for  the  computation  of  the  subsequent  credits  to  those 
on  board,  to  the  date  of  such  loss,  if  there  be  no  official  evi- 
dence to  the  contrary ;  or  when  such  quarterly  return  has 
not  been  made,  he  may  adjust  such  accounts  on  principles 
of  equity  and  justice.     (R.  S.,  §  287.) 

^16.  Also,  in  case  of  such  loss,  he  may  allow  and  pay  to  ' 
each  person  not  an  officer  employed  on  the  vessel  so  sunk 
or  destroyed,  and  whose  personal  effects  have  been  lost,  a 
sum  not  exceeding  sixty  dollars,  as  compensation  for  such 
loss ;  or  in  case  of  the  death  of  such  person,  to  the  widow, 
child  or  children,  father,  mother,  or  brothers  and  sisters 
jointly,  in  that  order  of  preference.     (R.  S.,  §§  288,  289.) 

^17.  The  Second  Comptroller  is  also  authorized,  with 
the  approval  of  the  Secretary  of  the  Navy,  to  allow  any 
officer  of  the  navy  or  marine  corps  a  sum  not  exceeding 
his  sea  pay  for  one  month,  as  compensation  for  the  loss  of 
his  personal  effects,  on  any  vessel  in  the  employ  of  the 
United  States  which,  since  the  19th  of  April,  1861,  has 
been  sunk  or  destroyed  without  fault  or  negligence  on  the 
part  of  such  officer.  But  a  schedule  and  certificate  must 
in  all  cases  be  required  from  the  officer  making  the  claim. 
(R.  S.,  §  290.) 

518.  "Whenever  any  officer  employed  to  disburse  public 
moneys,  whose  accounts  are  subject  to  the  revision  of  the 
Second  Comptroller,  fails  to  render  his  accounts,  or  to  pay 
over,  in  the  manner  and  in  the  time  required  by  law  and  the 
regulations  of  the  department  to  which  he  is  accountable, 
any  sum  of  money  remaining  in  his  hands,  it  is  the  duty  of 
the  Second  Comptroller  to  cause  to  be  stated  and  certified 
the  account  of  such  delinquent  officer  to  the  Solicitor  of  the 
Treasury,  for  the  issue  of  a  warrant  of  distress,  as  provided 
by  law,  for  the  Collection  of  the  money.     (R.  S.,  §  3633.) 

519.  All  moneys  appropriated  for  the  use  of  the  War 
and  Navy  Departments  are  required  to  be  drawn  from  the 


202  THE  EXECUTIVE  DEPARTMENTS. 

Treasury,  by  warrants  of  the  Secretary  of  the  Treasury, 
upon  the  requisitions  of  the  heads  of  those  departments 
respectively,  countersigned  by  the  Second  Comptroller  of 
the  Treasury,  and  registered  by  the  proper  Auditor.  (R. 
S.,  §  3673.) 

5S0.  The  accounts  subject  to  final  revision  by  the  Sec- 
ond Comptroller  may  be  summarized  as  follows : 
Received  from  the  Second  Auditor, 

1.  Accounts  of  disbursing  officers  of  the  War  Depart- 
ment, under  the  acts  for  collecting,  organizing,  and  drilling 
volunteers. 

2.  Of  army  recruiting  officers. 

3.  Of  army  paymasters,  pay  of  the  army,  mileage  to  of- 
ficers, and  general  expenses. 

4.  Special  accounts  settled  by  the  Paymaster's  Division. 

5.  Of  disbursing  officers  of  the  Ordnance  Department  for 
the  expenses  of  the  ordnance  service,  for  ordnance,  ord- 
nance stores,  and  for  armories  and  arsenals. 

6.  Of  agents  of  Indian  affairs  for  current  and  contingent 
expenses  of  the  Indian  service,  including  annuities  and  in- 
stallments under  treaties. 

7.  Of  disbursing  officers  of  the  Medical  Department  for 
medical  and  hospital  supplies  and  medical  services. 

8.  Of  disbursements  for  contingent  expenses  of  the  War 
Department,  and  of  receipts  and  disbursements  for  the 
Soldiers'  Home. 

Received  from  the  Third  Auditor. 

9.  Of  disbursing  officers  of  the  Quartermaster's  Depart- 
ment for  the  regular  supplies  and  incidental  expenses. 

10.  Of  disbursing  officers  of  the  Subsistence  Department* 

11.  Of  disbursing  officers  of  the  Engineer  Department 
for  military  surveys,  construction  of  fortifications,  and  river 
and  harbor  surveys  and  improvements. 

12.  Of  pension  agents  for  payment  of  pensions. 


THE   SECOND   COMPTROLLER.  203 

13.  Of  disbursements  for  the  relief  of  destitute  freedmen 
and  refugees. 

Received  from  the  Fourth  Auditor. 

14.  Of  disbursing  officers  of  the  marine  corps. 

15.  Of  the  paymasters  of  the  navy  proper. 

16.  Of  the  paymasters  of  the  navy  at  the  navy-yards. 

17.  Of  paymasters  of  the  navy  acting  as  navy  agents  and 
disbursing  officers. 

18.  Of  navy  pension  agents  for  the  payment  of  pensions 
to  the  invalids  of  the  navy  and  marine  corps. 

521,  The  claims  finally  revised  and  settled  by  the  Sec- 
ond Comptroller  are  of  the  following  classes :  ' 

From  the  Second  Auditor. 

1.  Soldiers'  pay  and  bounty. 

From  the  Third  Auditor* 

2.  Lost  property,  under  the  act  of  March  3,  1849 ; 
quartermaster  and  commissary  stores,  under  act  of  July  4, 
1864. 

3.  Awards  of  Southern  Claims  Commission. 

4.  Oregon  and  Washington  Territory  Indian  war  claims. 

5.  State  claims  for  equipping,  subsisting,  &c.,  volunteers. 

6.  Miscellaneous. 

From  the  Fourth  Auditor. 

7.  Sailors'  pay  and  bounty. 

8.  Prize-money. 

9.  Prize  lists. 

522,  The  Second  Comptroller  receives  and  files  official 
bonds  of  War  and  Navy  disbursing  officers,  pension  agents, 
superintendents  of  Indian  affairs  and  Indian  agents ;  also 
all  contracts  involving  the  expenditure  of  moneys  for  the 
army  and  navy  service,  and  contracts  for  supplies  and  trans- 
portation relating  to  the  Indian  service. 

522,  The  immediate  subordinate  to  this  officer  is  the 
Deputy  Comptroller,  whose  duties  are  of  a  general  super- 
visory character,  involving  such  as  may  be  assigned  him  by 


204  THE  EXECUTIVE  DEPARTMENTS. 

his  superior.  In  the  absence  or  sickness  of  the  latter  he 
becomes  Acting  Second  Comptroller. 

524:,  The  office  of  the  Second  Comptroller  is  further 
organized  by  law  with  five  chiefs  of  divisions  arid  fifty 
clerks  of  the  several  classes. 

525,  The  divisions  formed  in  the  office  for  the  trans- 
action of  its  business  are  six  in  number,  viz.: 

1.  The  Division  of  Army  Accounts. — Embracing  all  ac- 
counts of  army  paymasters,  soldiers'  back  pay  and  bounty 
claims,  medical  and  ordnance  accounts,  and  accounts  for 
receipts  and  disbursements  in  support  of  National  Homes 
for  volunteer  soldiers.  These  accounts  are  all  received 
from  the  Second  Auditor's  office. 

2.  The  Division  of  Naval  Accounts. — Embracing  all  ac- 
counts audited  by  the  Fourth  Auditor ;  such  as  those  of 
paymasters  at  sea  and  at  the  navy-yards  and  stations,  and 
storekeepers  at  foreign  stations ;  financial  agent  at  London ; 
back  pay  of  officers  and  enlisted  men  of  the  navy ;  bounty 
and  travelling  expenses ;  accounts  of  navy  pension  agents ; 
of  paymaster  and  quartermaster  marine  corps ;  claims  for 
maritime  prize-money. 

.  3.  The  Quartermasters  Division. — Embracing  the  ac- 
counts of  quartermasters  and  commissaries  of  the  army, 
engineers  in  charge  of  river  and  harbor  improvements,  and 
accounts  of  the  Signal  Service.  These  come  from  the 
office  of  the  Third  Auditor. 

4.  The  Indian  Division. — Embracing  the  accounts  of  the 
Indian  service  ;  such  as  Indian  agents'  accounts ;  also  those 
for  expenditures  of  the  service  and  for  transportation  of 
supplies ;  also  accounts  of  contractors  furnishing  supplies, 
and  the  account  of  the  Secretary  of  the  Interior  as  trustee 
of  the  Indian  trust  fund.  These  accounts  are  received 
from  the  Second  Auditor. 

5.  The  Division  of  Army  Pensions. — ^Embracing  all  ac- 


THE  SECOND   COMPTROLLER.  205 

counts  of  pension  agents  for  the  payment  of  army  pensions, 
received  from  the  Third  Auditor  of  the  Treasury. 

6.  The  Division  of  Miscellaneous  Claims. — In  charge  of 
the  revision  of  claims  arising  under  the  acts  of  1849,  1864, 
and  1867,  for  steamboats  and  property  taken  for  the  use  of 
the  army ;  claims  for  impressed  property,  for  the  rent  and 
occupation  of  property,  and  war  claims  arising  under  spe- 
cial acts  of  Congress. 

^^6.  These  several  subjects  come  before  the  Second 
Comptroller  only  for  revision  and  final  decision,  the  several 
accounts  having  been  first  carefully  examined  and  adjusted 
in  the  offices  of  the  respective  Auditors  charged  with  their 
supervision.  These  Auditors  transmit  with  the  papers  a 
statement  of  account  in  detail,  an  explanation  of  the  differ- 
ences existing  between  the  accounting  officer  and  the  per- 
son whose  account  ha^  undergone  examination,  together 
with  a  certificate  of  the  balance  admitted  by  the  Auditor. 
Upon  this  certificate,  after  the  revision  has  been  carefully 
made  in  the  proper  division  of  the  Second  Comptroller's 
office,  that  officer  places  his  certificate  in  approval  of  the 
Auditor's  finding,  or  exhibiting  the  balance  which  the  Comp- 
troller decides  to  be  the  proper  one. 

S^T',  The  decisions  and  rulings  of  this  office,  over  two 
thousand  in  number,  from  an  early  period  down  to  June  8, 
1869,  are  embraced  in  an  admirable  compilation  or  digest, 
published,  by  authority,  at  the  Grovernment  printing-office. 
This  digest  furnishes  a  complete  code  of  well-considered 
rules  for  the  guidance  of  accounting,  disbursing,  and  all 
officers  of  the  department  who  are  concerned  in  the  settle- 
ment of  public  accounts. 


206  THE   EXECUTIVE  DEPARTMENTS. 


CHAPTEE   IX. 

THE   COMMISSIONER   OF   CUSTOMS. 

528.  Provision  was  first  made  by  law  for  this  officer  by 
the  act  of  March  3,  1849.  (Stats.  9,  p.  396.)  At  this  time 
there  were  two  officers,  already  described  as  First  and  Sec- 
ond Comptrollers,  the  former  of  which  was  charged,  as  part 
of  his  duties,  with  those  transferred  by  that  act  to  and  now 
performed  by  the  Commissioner  of  Customs. 

529.  It  is  required  by  law  of  this  officer  that  he  shall 
examine  all  accounts  settled  by  the  First  Auditor  relating 
to  the  receipts  from  customs,  including  accounts  of  collect- 
ors and  other  officers  of  the  customs,  and  certify  the  bal- 
ances arising  thereon  to  the  Register  of  the  Treasury.  (R. 
S.,  §  317.) 

530.  He  is  required  to  report  to  the  Secretary  of  the 
Treasury  official  forms  to  be  used  in  the  different  offices 
for  collecting  the  public  receipts  from  customs,  and  the 
manner  and  form  of  keeping  and  stating  the  accounts  of 
the  persons  employed  therein.     (R.  S.,  §  318.) 

531.  All  bonds  required  by  law  to  be  given  by  collect- 
ors, naval  officers,  surveyors  of  customs,  or  other  officers 
of  customs,  require  the  approval  of  the  Commissioner  of 
Customs,  and  are  to  be  filed  in  his  office.     (R.  S.,  §  2620.) 

532.  The  Commissioner  of  Customs  is  required  annu- 
ally to  lay  before  Congress  an  abstract  of  the  accounts 
transmitted  to  him,  as  provided  by  law,  by  collectors  of 
customs,  naval  officers,  and  surveyors  of  customs,  of  all 
fees  and  official  emoluments  received  by  those  officers,  to- 
gether with  all  expenditures,  specifying  expenditures  for 
rent,  fuel,  stationery,  and  clerk  hire.     (R.  S.,  §  2639.) 


THE  COMMISSIONER   OP   CUSTOMS.  207 

533.  The  balances  of  accounts  stated  by  ftie  proper 
Auditor  and  certified  to  the  head  of  the  department  by  the 
Commissioner  of  Customs  cannot  be  changed  or  modified 
by  the  head  of  a  department,  but  are  by  law  conclusive 
upon  the  executive  branch  of  the  Government,  subject  to 
revision  only  by  Congress  or  the  proper  courts.  (R.  S., 
§  191.) 

534.  The  general  duties  of  the  Commissioner  are  those 
of  an  accounting  officer,  and  are  analogous  to  those  of  the 
First  or  Second  Comptroller.  Substantially  he  is  the  Third 
Comptroller  of  the  Treasury,  although  not  so  known. 

535.  He  is  provided  with  a  deputy,  who  has  the  general 
supervision  of  the  business  of  the  office,  under  the  immedi- 
ate direction  of  the  Commissioner,  and  of  the  mode  of 
conducting  it.  This  deputy  acts  in  the  place  of  the  Com- 
missioner in  the  absence  or  sickness  of  the  latter. 

53d.  The  office  of  the  Commissioner  is  further  pro- 
vided by  law  with  two  chiefs  of  divisions  and  a  force  of 
twenty-eight  clerks  of  the  several  classes.  (Act  June  19, 
1878.) 

537.  The  office  is,  however,  operated  in  four  divisions, 
designated  as  follows : 

1.  Customs  Division. 

2.  Warehouse  and  Bond  Division. 

3.  Book-keeper's  Division. 

4.  Miscellaneous  Division. 

I.  The  Customs  Division. 

538.  To  this  division  are  assigned  for  examination  the 
accounts  and  returns  of  the  customs  officers  of  the  numer- 
ous ports  of  entry  and  collection  districts.  These  accounts 
are  first  received  by  the  First  Auditor,  in  whose  office  they 
are  examined  and  adjusted,  and  then  transmitted,  together 
with  the  certificate  of  the  Auditor,  to  the  Commissioner  of 


208  THE  EXECUTIVE  DEPARTMENTS. 

Customs  for  revision.  In  this  division  that  revision  takes 
place.  The  character  of  these  accounts  is  set  forth  some- 
what in  detail  hereinafter,  under  the  head  of  the  First 
Auditor,  in  the  description  of  the  duties  of  the  Customs 
Division  of  his  office.  In  the  revision  by  the  Customs 
Division  of  the  office  of  the  Commissioner  of  Customs  of 
the  adjustment  made  by  the  First  Auditor,  the  examination 
of  returns,  abstracts,  and  vouchers  with  these  accounts  is  or 
should  be  in  nowise  relaxed  because  of  the  previous  exam- 
ination by  another  officer.  The  same  careful,  patient,  and 
laborious  scrutiny  as  to  the  regularity  and  proper  form  of 
the  entries,  as  to  the  correctness  of  the  calculations  of 
duties,  as  to  the  regularity  and  integrity  of  the  vouchers, 
the  propriety  of  expenditures,  &c.,  is  required  as  though 
this  was  to  be  the  first  and  only  adjustment  of  the  account. 
Upon  completion  of  an  account  it  goes  to  the  Commis- 
sioner, either  with  an  indication  that  the  finding  of  the 
First  Auditor  is  approved,  or  that  certain  corrections  stated 
are  to  be  made  in  the  final  balance.  The  certificate  then 
placed  upon  the  Auditor's  statement  by  the  Commissioner 
is  substantially  this :  "  I  admit  and  certify  the  above  bal- 
ance of dollars,  this day  of , 

18 — ."  After  the  proper  entries  are  made  in  the  Book- 
keeper's Division  to  the  account  of  the  officer  whose  ac- 
count has  been  stated,  the  settlement  is  sent  to  the  files  of 
the  office  of  the  Register  of  the  Treasury. 

II.  The  Wabehouse  and  Bond  Division. 

539.  The  accounts  under  this  head  will  be  hereaftei 
described  in  detail  in  the  description  of  the  duties  devolv- 
ing upon  a  division  of  the  same  name  in  the  office  of  th< 
First  Auditor.  These  are  accounts  of  the  collectors  oi 
customs  or  of  officers  acting  as  such ;  but  they  represent 
the  accountability  of  these  officers  for  duties  on  the  bom 


THE   COMMISSIONER   OF   CUSTOMS.  209 

given  for  goods  going  into  warehouse  on  importation  which 
do  not  at  the  time  pay  duties. 

It  may  be  remarked  briefly,  in  this  place,  in  explanation 
of  this,  that  importers  who  do  not  desire  to  pay  duties  im- 
mediately on  importation,  or  who  may  design  to  transport 
the  goods  to  some  interior  or  other  port  in  the  country,  or 
who  may  be  required  by  exigencies  of  trade  or  otherwise  to 
reexport  the  merchandise  out  of  the  country,  are  entitled  by 
law  to  make  an  entry  for  warehouse,  whereby  the  goods 
remain,  under  the  custody  of  the  customs  officers,  for  a 
limited  time,  subject  to  withdrawal  by  the  importer  or 
owner.  To  obtain  this  benefit  he  must  first  execute  a  bond 
to  the  United  States,  as  additional  security  for  the  duties 
and  charges,  if  the  goods  shall  be  withdrawn  for  consump- 
tion within  one  year  from  date  of  importation,  and  ten  per 
cent,  additional  if  withdrawn  after  one  and  within  three 
years,  unless  within  three  years  the  goods  shall  be  with- 
drawn for  export  beyond  the  limits  of  the  United  States ; 
in  which  case  they  are  not  subject  to  duty.  Upon  making 
such  export  entry  a  bond  is  also  required,  with  a  penalty 
conditioned  upon  the  landing  abroad  in  good  faith  of  the 
goods  ^vithdrawn,  and  the  production  of  the  required  evi- 
dence thereof.  Upon  the  giving  of  such  a  bond  the  for- 
mer warehouse  bond  is  cancelled. 

04:0.  The  importer  may  also,  at  the  time  of  importation 
or  while  the  goods  are  in  warehouse,  at  any  time  within  the 
three  years  withdraw  the  same  for  transportation  and  de- 
liver to  a  customs  officer  at  another  port  in  the  United 
States,  by  also  giving  a  bond,  called  a  transportation  bond, 
conditioned  for  such  transportation  and  delivery  within  a 
certain  limited  time,  or  failing  in  such  delivery,  for  the 
payment  of  the  duties  due  on  the  goods,  and  an  additional 
duty  of  one  hundred  per  centum.  Upon  the  execution  of 
U 


210  THE  EXECUTIVE  DEPARTMENTS. 

this  bond,  and  the  withdrawal  of  the  merchandise,  the  for- 
mer warehouse  bond  is  likewise  cancelled. 

^4L1.  Upon  an  entry  of  goods  for  warehouse,  the  col- 
lector is  required  to  charge  his  bond  and  warehouse  ac- 
count with  the  duties  due  as  liquidated  on  the  entry.  He 
is  entitled  to  credit  himself  with  the  duties  when  the  goods 
are  withdrawn  for  consumption  ;  or  if  they  have  been  with- 
drawn for  export  or  for  transportation,  when  he  receives 
the  required  evidence  of  delivery  abroad  or  at  the  interior 
port,  according  to  the  stipulation  of  the  bond ;  or  if  there 
is  a  breach  of  the  bond  in  these  particulars,  when  he  de- 
livers the  bond  to  the  United  States  attorney  for  suit.  The 
collector  is  also  entitled  to  credit  for  allowances  and  defi- 
ciencies. 

^4L2,  It  is  with  these  particulars  that  the  Warehouse 
and  Bond  Division  of  the  office  of  the  Commissioner  of 
Customs,  as  likewise  of  the  First  Auditor's  office,  has  to 
deal. 

^43.  This  recital  will  explain  the  nature  of  the  ac- 
counts of  this  particular  class  as  distinct  from  those  known 
as  the  customs  accounts  for  receipts  of  duties,  settled  in 
the  Customs  Divisions  of  these  two  offices  respectively. 

III.  The  Book-keeper's  Division. 

54:4c,  In  this  division  an  account  is  kept  with  each  cus- 
toms officer  whose  accounts  are  subject  to  final  revision  by 
the  Commissioner  of  Customs.  A  record  is  also  kept  con- 
taining an  itemized  statement  of  differences  between  the 
collector  and  the  accounting  officers  of  the  Treasury. 

IV.  Miscellaneous  Division. 

545,  This  division  has  charge  of  the  records  and  files 
of  the  office.  It  receives  notes  and  files  official  bonds  of 
.customs  officers,  oaths  of  office,  and  returns  of  moneys  re- 


THE  COMMISSIONER  OF  CUSTOMS.  211 

ceived  and  paid.  It  also  examines,  for  payment,  accounts 
presented  by  United  States  attorneys,  marshals,  and  clerks 
of  courts  for  services  and  fees  in  customs  cases,  which  are 
payable  out  of  the  appropriation  to  defray  the  expense  of 
collecting  the  revenue  from  customs. 

046.  This  division  also  settles  accounts  for  refunds 
of  duties  paid  into  the  Treasury  and  shown  to  be  in  excess 
of  the  amount  required  by  law.  These  refunds  are  gen- 
erally based  upon  the  authority  of  section  989  of  the  Re- 
vised Statutes,  which  provides  that  when  a  recovery  is  had 
in  any  suit  against  a  collector  or  other  officer  of  the  reve- 
nue for  any  act  done  by  him,  or  for  money  exacted  and 
paid  by  him  into  the  Treasury,  in  the  performance  of  his 
official  duty,  and  the  court  certifies  that  there  was  probable 
cause  for  the  act  done  by  the  collector  or  other  officer,  or 
that  he  acted  under  the  direction  of  the  Secretary  of  the 
Treasury  or  other  proper  officer  of  the  Grovernment,  no 
execution  shall  issue  against  such  collector  or  other  officer, 
but  the  amount  so  recovered  shall,  upon  final  judgment,  be 
provided  for  and  paid  out  of  the  proper  appropriation  fr<mi 
the  Treasury. 


212  THE   EXECUTIVE  DEPARTMENTS. 


CHAPTER  X. 

THE   FIRST   AUDITOR   OF   THE   TREASURY. 

^47.  This  officer  was  provided  for  originally,  by  the 
first  Congress  of  the  Ignited  States,  in  the  act  of  September 
2,  1789.  He  was  then  known  as  Auditor  of  the  Treasury, 
and  his  duties  were  to  receive  and  audit  all  accounts. 
Subsequently,  by  the  act  of  March  3,  1817,  four  additional 
Auditors  were  provided  for,  and  he  was  then  denominated 
the  Fh'st  Auditor.  By  the  first-mentioned  act  his  duties 
were  defined  to  be  to  receive  and  audit  all  accounts  accru- 
ing in  the  Treasury  Department.  These  duties  have  been 
somew^hat  modified  from  time  to  time  as  new  departments 
and  bureaus  have  been  created. 

548.  He  is  now  requu-ed  by  law,  as  his  general  duties, 
to  examine  all  accounts  accruing  in  the  Treasury  Depart- 
ment ;  all  accounts  relating  to  the  receipts  from  customs, 
including  accounts  of  collectors  and  other  officers  of  the 
customs;  all  accounts  accruing  on  account  of  salaries  in 
the  Patent  Office ;  all  accounts  of  the  judges,  marshals, 
clerks,  and  other  officers  of  United  States  courts ;  all  ac- 
counts of  officers  in  charge  of  the  public  buildings  and 
grounds  in  the  District  of  Columbia  ;  all  accounts  of  the 
Department  of  Agriculture  ;  all  accounts  relating  to  pris- 
oners convicted  in  United  States  courts.     (R.  S.,  §  277.) 

049.  After  the  examination  of  accounts  relating  to  the 
receipts  from  customs,  and  the  accounts  of  collectors  and 
other  officers  of  customs,  he  is  required  to  certify  the  bal- 
ances, and  transmit  such  accounts,  with  the  vouchers  and 
certificates,  to  the  Commissioner  of  Customs  for  his  decis- 


THE  FIRST  AUDITOR.  213 

ion  thereon,  and,  after  a  like  examination,  to  certify  the 
balances  of  all  other  accounts,  and  transmit  such  accounts 
in  like  manner  to  the  First  Comptroller  for  his  decision 
thereon.     (R.  S.,  §  277.) 

550.  The  First  Auditor  is  prohibited  by  law,  under  se- 
vere penalties,  from  being  concerned,  directly  or  indirectly, 
in  carrying  on  the  business  of  trade  or  commerce  ;  or  from 
being  the  owner,  in  whole  or  part,  of -any  sea  vessel ;  or 
from  purchasing,  by  himself  or  another  in  trust  for  him, 
any  public  lands  or  property ;  or  from  being  concerned  in 
the  purchase  of  any  public  securities  of  any  State  or  of  the 
United  States ;  or  from  taking  or  applying  to  his  own  use 
any  emolument  or  gain  for  negotiating  or  transacting  any 
business  in  the  Treasury  Department.     (R.  S.,  §  243.) 

551.  By  direction  of  the  First  Comptroller,  where  delay 
will  be  injurious  to  the  United  States,  the  First  Auditor  is 
required  to  audit  and  settle  forthwith  any  particular  account 
which  he  is  authorized  to  audit  and  settle,  and  to  report  his 
settlement  for  the  final  revision  of  the  Comptroller.    (E.  S., 

§  271-) 

552.  Besides  the  head  of  the  office,  the  statutes  provide 
for  a  Deputy  Auditor,  four  heads  of  divisions,  and  numerous 
clerks  of  the  several  classes. 

The  deputy,  as  to  his  duties,  is  under  the  immediate  di- 
rection of  his  superior,  and  becomes  in  the  absence  of  the 
latter  the  Acting  Auditor. 

559.  The  office  of  the  First  Auditor,  as  otherwise  or- 
ganized, is  constituted  of  the  following-named  divisions : 

1.  Customs  Division. 

2.  Public  Debt  Division. 

3.  Judiciary  Division. 

4.  Warehouse  and  Customs  Bond  Division. 

Duties  are  also  elsewhere  assigned  to  individual  clerks  in 
charge  of  a  particular  classification  of  business. 


214  THE   EXECUTIVE  DEPARTMENTS. 


I.  Customs  Division. 

55^,  To  this  division  are  assigned  the  accounts  and 
returns  of  customs  officers  of  the  numerous  ports  of  entries 
and  collection  districts,  which  accounts  are  received  month- 
ly and  are  here  examined  and  adjusted.  In  these  accounts 
the  collectors  or  other  customs  officers  charge  themselves 
with  all  customs  duties  on  imports,  duties  on  tonnage,  and 
marine  hospital  dues  collected,  and  they  take  credit  for  all 
deposits  on  account  of  the  same.  These  accounts  are  ac- 
companied by  separate  abstracts  of  articles  subject  to  com- 
pound and  simple  duties,  and  those  free  of  duties  by  law ; 
also  by  separate  abstracts  of  immigrants'  effects  and  of 
tonnage  receipts.  From  ports  where  there  is  no  naval  offi- 
cer, the  accounts  are  accompanied  by  copies  of  the  numer- 
ous entries  of  merchandise.  These  accounts,  abstracts,  and 
entries  are  all  submitted  in  this  division  to  a  careful  exam- 
ination and  comparison  as  to  the  rates  of  duty,  as  prescribed 
by  the  tariff  acts,  and  to  other  scrutiny  as  to  the  regularity 
of  the  proceedings  both  of  the  collector  and  the  importer, 
and  their  conformity  to  law. 

55S,  This  division  receives,  also,  the  customs  officers' 
accounts  for  expenses  of  collecting  the  revenue,  which  are 
rendered  monthly.  These  include  all  advances  made  to 
collectors ;  also  all  sums  received  for  storage,  lighterage, 
weighing,  gauging,  measm-ing,  and  other  items  properly 
chargeable  to  him  ;  also  other  items  entitling  him  to  credit, 
such  as  payments  of  salaries  of  subordinate  officers  and 
clerks,  expenses  of  the  measurement  of  vessels,  of  revenue 
boats,  public  warehouses,  contingent  expenses,  &c. 

^^6.  It  also  receives  and  adjusts  the  emolument  ac- 
counts of  customs  officers.  In  these  accounts  collectors 
charge  themselves  with  the  amounts  of  their  respective  sal- 
aries, as  reported  in  the  expense  account ;  also  with  the 


THE  FIRST  AUDITOR.  215 

official  fees  collected,  the  commissions  allowed  on  account 
of  collections  deposited  and  accounted  for  in  their  customs 
accounts ;  also  with  the  amount  allowed  them  as  compen- 
sation from  storage  receipts  in  the  expense  account ;  also 
with  the  sums  received  by  them  as  distributive  shares  of 
fines,  penalties,  and  forfeitures.  They,  on  the  other  hand, 
receive  credit  for  the  amounts  paid  on  duplicate  and  veri- 
fied accounts  to  deputies  and  to  such  clerks  as  are  not,  by 
special  authorization,  paid  out  of  the  fund  for  collecting 
the  revenue ;  also  for  their  own  compensation  as  collect- 
ors, except  where  collectors  are  allowed  only  a  stated  salary 
per  annum ;  also  for  their  own  share  of  fines,  penalties,  and 
forfeitures ;  also  for  all  payments  on  account  of  office  rent, 
fuel,  and  other  items ;  also  for  their  compensation  from 
storage  earned,  not  exceeding  two  thousand  dollars  per 
annum. 

557.  Separate  accounts  are  also  received,  stated,  and 
adjusted  in  this  division  of  the  collection  of  fines,  penalties, 
and  forfeitures ;  of  collections  for  estates  of  deceased  pas- 
sengers ;  of  marine  hospital  taxes ;  also  accounts  of  marine 
hospital  expenses ;  of  steamboat  inspection ;  of  revenue 
marine  service  ;  of  expenses  of  the  light-houses ;  of  excess 
of  deposits  refunded ;  of  debentures  paid,  &c. 

558.  All  these  accounts,  upon  being  adjusted  in  this 
division,  and  on  receiving  the  certificate  of  the  Auditor,  are 
transmitted  for  revision  to  the  Commissioner  of  Customs. 

II.  Public  Debt  Division. 

559.  To  this  division  is  assigned  the  settlement  of  ac- 
counts of  the  Treasurer  of  the  United  States,  the  Assistant 
Treasurers,  United  States  depositaries,  and  other  fiscal  agents 
of  the  Treasury  Department,  for  the  payment  of  interest  on 
the  public  debt,  the  redemption  of  United  States  bonds  and 
obligations,  including  accounts  for  interest  of  the  naval 


216  THE   EXECUTIVE   DEPARTMENTS. 

pension  fimd^  The  adjustment  of  these  accounts  involvfes 
the  examination  of  the  schedules  of  persons  entitled  to  in- 
terest on  the  registered  bonds,  the  proper  identification  of 
the  signatures  of  the  persons  receiving  the  moneys  set 
against  the  names  respectively,  the  proper  inquiries  as  to 
the  authority,  where  the  interest  is  drawn  by  incorporated 
companies,  executors,  administrators,  guardians,  and  by 
attorneys  in  fact.  Such  adjustment  also  involves  the  exam- 
ination of  the  numerous  coupons  redeemed  for  payment  of 
interest  on  the  coupon  bonds,  and  of  all  other  proper 
vouchers  entitling  these  officers  to  credits  for  the  funds 
disbursed  on  these  accounts.  Upon  such  adjustment,  and 
on  receiving  the  certificate  of  the  Auditor,  the  accounts 
are  transmitted  for  the  revision  and  final  decision  of  the 
First  Comptroller. 

III.  Judiciary  Division. 

^60.  This  division  adjusts  all  accounts  for  expenses  of 
the  courts  of  the  United  States. 

These  duties  embrace  those  of  United  States  attorneys 
for  attendance  at  court,  and  for  their  fees  in  United  States 
eases ;  also  the  accounts  of  the  clerks  of  the  courts  for 
issuing  process,  filing  papers,  administering  oaths,  taking 
depositions,  entering  rules  of  court,  making  up  the  records, 
and  for  numerous  other  services,  as  well  as  for  attendance 
in  United  States  cases,  which  go  to  make  up  the  aggi-egate 
compensation  of  these  officers.  They  embrace  also  the 
accounts  of  United  States  marshals  for  expenses  of  United 
States  courts,  and  for  their  fees  in  sei-ving  process  and  per- 
forming other  services  in  United  States  cases. 

^01*  To  adjust  these  accounts,  thorough  familiarity 
with  the  statutes  prescribing  the  fees  which  these  officers 
shall  receive  for  different  services  is  necessary.  With 
regard  to  the  accounts  of  clerks  and  marshals,  it  is  also 


THE   FIKST   AUDITOR.  217 

essential  for  the  accounting  officers  to  be  somewhat  famil- 
iar with  the  practice  in  regard  to  the  same  or  a  similar 
class  of  services  in  the  State  courts. 

«I6@.  The  accounts  of  United  States  commissioners  for 
their  fees,  as  prescribed  by  the  statute,  are  also  examined 
and  adjusted  in  this  division. 

56S.  These  accounts,  when  a  settlement  is  made  and 
signed  by  the  Auditor,  are  also  transmitted  for  revision  to 
the  First  Comptroller,  whose  decision  is  final. 

IV.  Warehouse  and  Bond  Division. 

004.  It  is  the  duty  of  this  division  to  receive,  examine, 
and  adjust  the  warehouse  and  bond  accounts,  which  collect- 
ors of  customs  are  required  to  render  separately  from  other 
accounts  heretofore  referred  to  in  connection  with  the  Cus- 
toms Division  of  this  office. 

5^5.  In  these  accounts  the  collectors  are  charged  with 
the  duties  on  all  imported  goods  warehoused,  rewarehoused, 
and  constructively  warehoused,  and  receive  credit  for  the 
duties  on  all  goods  withdrawn  for  consumption,  transporta- 
tion, and  exportation ;  also  for  all  proper  allowances  of 
duties  on  goods  or  deficiencies.  They  are  also  charged 
with  the  duties  secured  by  bonds  taken  on  transportation 
or  exportation  of  goods  from  the  warehouse,  and  are  cred- 
ited when  such  bonds  are  cancelled  by  delivery  of  the 
merchandise  at  the  destined  port,  or  when  the  same  are 
landed  outside  the  Unit(?d  States,  according  to  the  stipula- 
tions of  these  bonds  respectively.  As  with  the  account  for 
customs  duties,  a  collector  of  a  port  where  there  is  no  naval 
officer  is  required  to  accompany  his  warehouse  and  bond 
account  with  a  copy  of  each  entry  for  withdrawal,  whether 
for  consumption,  transportation,  or  exportation.  The  com- 
parison of  these  entries  with  the  items  of  the  account  re- 
quires no  inconsiderable  care,  patience,  and  labor  on  the 


218  THE  EXECUTIVE   DEPARTMENTS. 

part  of  this  division  of  the  Auditor's  office.  Every  impor- 
tation entered  for  warehouse  may  be  traced  by  means  of 
these  accounts  from  the  time  of  entry  until  it  finally  pays 
duties,  or  until  the  goods  are  exported  from  the  country. 

^66.  Besides  the  classes  of  accounts  referred  to,  the 
office  of  the  First  Auditor  settles  and  adjusts  other  accounts, 
which  are  distributed  to  individual  clerks  not  belonging  to 
any  distinct  divisions. 

These  are  accounts  of  the  Treasurer  of  the  United  States 
for  general  expenditures ;  accounts  of  the  mints  and  assay 
offices ;  accounts  of  disbursing  officers  for  payments  of 
salaries  to  all  persons  in  the  departments  at  Washington, 
including  the  pay-rolls  of  the  Treasury,  State,  War,  Navy, 
Interior,  and  Post  Office  Departments  and  the  Department 
of  Justice ;  also  accounts  of  the  Clerk  of  the  House  of 
Representatives  and  Secretary  of  the  Senate  for  salaries 
and  mileage  of  members,  &c. ;  Librarian  of  Congress,  and 
salaries  of  officers  of  the  Library  of  Congress ;  Congres- 
sional Printer ;  accounts  for  salaries  in  the  offices  of  Assist- 
ant Treasurers  of  the  United  States  and  of  United  States 
depositaries,  of  the  Metropolitan  Police  of  the  District  of 
Columbia,  of  the  United  States  Coast  Survey,  and  of  the 
President  of  the  United  States ;  also  accounts  of  Territorial 
officers. 

^67.  In  this  office  are  settled  also  all  accounts  for  con- 
tingent expenses  of  all  the  executive  departments,  of  the 
House  of  Representatives,  of  the  Congressional  Printer,  of 
the  Assistant  Treasurers  of  the  United  States,  of  the  Exec- 
utive Mansion,  of  the  Commissioner  of  Agriculture,  and  of 
the  Commissioner  of  Public  Buildings  and  Glrounds. 

068.  All  the  accounts  settled  in  this  office,  with  their 
vouchers  and  multiplied  papers  and  abstracts,  require  a 
large  force  and  much  laborious  examination.  When  the 
settlement  has  been  made  it  is  entered  in  the  recording 


THE  FIKST  AUDITOR.  219 

division  of  the  office,  and  the  papers,  together  with  the  Au- 
ditor's certificate,  are  transmitted,  if  the  account  relates  to 
customs,  to  the  Commissioner  of  Customs,  otherwise  to  the 
First  Comptroller,  for  the  revision  of  those  officers  respec- 
tively. If  they  admit  the  balance  found  due  by  the  Audi- 
tor, they  so  certify  it  on  the  Auditor's  certificate,  or  they 
make  such  corrections  as  in  their  judgment  are  required, 
and  likewise  certify  the  balance  found  due. 

The  accounts  with  the  numerous  disbursing  officers  of 
the  Government  are  stated  generally  in  this  way  in  the  sev- 
eral auditing  offices,  viz.: 

They  are  chfffged  under  the  proper  heads  of  appropria- 
tions with  all  requisitions  issued  in  their  favor ;  also  with 
sums  transferred  to  them  by  other  disbursing  officers  or 
received  from  other  sources. 

They  are  credited  with  disbursements  lawfully  made,  and 
with  authorized  transfers  of  ftioney  to  other  disbursing  offi- 
cers ;  also  by  requisitions  for  the  covering  in  the  Treasury 
of  moneys  deposited  by  them  with  the  Treasurer,  Assistant 
Treasurer,  or  authorized  depositaries. 


220  THE  EXECUTIVE   DEPARTMENTS. 


CHAPTER  XI. 

THE   SECOND   AUDITOR. 

^69.  This  office  was  established  by  act  of  March  3, 
1817.  Previously,  and  almost  from  the  commencement  of 
the  Government,  there  had  been  but  one  Auditor.  But 
such  a  distribution  of  the  public  business  was  demanded 
as  was  calculated  to  result  in  a  prompt  settlement  of  pub- 
lic accounts.  Hence  the  necessity  for  this  act,  which  pro- 
vided for  five  Auditors,  to  whom  were  assigned  respectively 
the  settlement  of  the  accounts  of  the  different  departments, 
or  of  accounts  of  a  specially  defined  character. 

370.  The  duties  of  the  Seftond  Auditor,  as  now  defined, 
are  to  receive  and  examine  all  accounts  relating  to  the  pay 
and  clothing  of  the  army,  the  subsistence  of  officers,  boun- 
ties and  premiums,  military  and  hospital  stores,  and  the 
contingent  expenses  of  the  War  Department ;  all  accounts 
relating  to  Indian  affairs,  and  to  agents  of  lead  and  other 
mines  of  the  United  States.     (R.  S.,  §  277.) 

^71.  After  such  examination  he  is  required  to  certify 
the  balances,  and  to  transmit  the  accounts,  with  the  vouch- 
ers and  certificate,  to  the  Second  Comptroller  for  his  decis- 
ion thereon.     (R.  S.,  §  277.) 

57fi.  He  is  required  also  to  audit  and  settle  the  ac- 
counts of  line  officers  of  the  army,  to  the  extent  of  pay  due 
them  for  their  services  as  such,  notwithstanding  the  inability 
of  any  such  officer  to  account  for  property  intrusted  to  his 
possession  or  to  make  his  monthly  returns,  if  the  Auditor 
shall  be  satisfied,  by  the  affidavit  of  the  officer  or  otherwise, 
that  the  inability  was  caused  by  the  officers  having  been  a 


THE  eECOND  AUDITOR.  221 

prisoner  in  the  hands  of  the  enemy,  or  by  any  accident  or 
casualty  of  war.     (R.  S.,  §  278.) 

073.  He  is  authorized  to  detail  a  clerk  to  sign  in  his 
stead  all  certificates  and  papers  issued  under  any  provision 
of  law  relating  to  bounties,  and  he  is  held  by  law  respon- 
sible for  the  official  acts  of  the  clerk  assigned  to  such  duty. 
(R.  S.,  §  279.) 

074.  He  is  required,  within  the  limits  of  the  business 
assigned  him  by  law,  to  keep  accounts  of  the  receipts  and 
expenditures  of  the  public  moneys  in  regard  to  the  War 
Department,  and  of  debts  due  to  the  United  States  or  mon- 
eys advanced  relative  to  that  department ;  also  to  receive 
from  the  Second  Comptroller  the  accounts  finally  adjusted, 
and  to  preserve  them,  with  their  vouchers  and  certificates. 
He  is  required  annually,  on  the  first  Monday  of  November, 
to  report  to  the  Secretary  of  the  Treasury  the  application 
of  the  money  appropriated  for  the  War  Department ;  also 
to  make  such  reports  on  the  business  assigned  him  as  the 
Secretary  of  War  may  demand ;  also  to  record  all  requi- 
sitions drawn  by  the  Secretary  of  War  relating  to  the  ex- 
penditures of  his  department,  the  accounts  of  which  are 
subject  to  adjustment  by  the  Second  Auditor.  (R.  S.,  § 
283.) 

The  accounts  coming  within  the  province  of  this  officer 
are  hereinafter  described  in  connection  with  the  Book- 
keeper's Division  of  his  office. 

575,  The  immediate  subordinate  officer  to  the  Second 
Auditor  is  the  Deputy  Second  Auditor,  whose  duties  are 
assigned  him  by  the  head  of  the  office.  He  acts  in  the 
place  of  the  Auditor  during  sicl^ness  or  absence,  or  when 
a  vacancy  occurs. 

Five  chiefs  of  division  constitute  the  principal  force  of 
the  office  of  the  Second  Auditor.  Numerous  clerks  of  the 
several  classes  are  provided  by  law  for  the  transaction  of 
the  details  of  the  business  tb^r^of. 


222  THE  EXECUTIVE  DEPARTMENTS. 

576.  The  divisions  into  which  the  office  is  organized 
are  as  follow : 

1.  Book-keeper's  Division. 

2.  Paymaster's  Division. 

3.  Indian  Division. 

4.  Pay  and  Bounty  Division. 

5.  Division  for  the  Investigation  of  Fraud. 

6.  Property  Division. 

7.  Division  of  Correspondence  and  Records. 

8.  Archives  Division. 

9.  Miscellaneous  Division. 

I.  Book-keeper's  Division. 

577.  In  this  division  all  settlements  of  accounts  made 
in  the  office  are  entered,  embracing  the  following  objects 
of  disbursement:  For  pay  of  the  army;  recruiting,  ord- 
nance, medical ;  contingencies  of  the  army  and  the  Adju- 
tant-General's Department ;  Soldiers'  Home ;  charges  and 
credits  to  officers  for  overpayments,  refunds,  &c. ;  arrears 
of  pay;  proceeds  of  Government  property;  freedmen's 
branch  of  the  Adjutant-General's  office ;  transfers  to  credit 
of  disbursing  officers  on  Third  Auditor's  books ;  Indian  dis- 
bursements ;  miscellaneous ;  war  claims  and  Indian  claims. 

578.  This  division  issues  certificates  of  non-indebted- 
ness to  officers  of  the  army. 

The  accounts  kept  in  this  division  are  classified  as  Pay- 
master's, Indian,  and  Miscellaneous. 

The  first  comprises  the  disbursing  accounts  of  army 
paymasters. 

The  second  class,  the  ijjoney  accounts  of  superintendents 
of  Indian  affairs,  Indian  inspectors,  Indian  and  special 
agents,  and  the  Indian  accounts  of  the  disbursing  clerk  of 
the  Department  of  the  Interior ;  also  the  claims  of  Indian 
contractors  and  employees  for  goods  supplied  and  services 
rendered  at  the  various  Indian  agencies. 


THE  SECOND  AUDITOR.  223 

The  third  class,  the  disbursing  accounts  of  officers  of  the 
Medical  and  Ordnance  Departments ;  of  recruiting  officers ; 
Assistant  Adjutants-Greneral  disbursing  the  contingent  fund 
of  the  War  Department ;  officers  paying  bounties  and  ar- 
rears of  pay  to  colored  soldiers  or  their  heirs ;  the  disburs- 
ing clerk  of  the  "War  Department,  making  payments  from 
the  appropriations  for  contingencies  of  the  army,  for  medals 
of  honor,  for  publication  of  official  records  of  the  war  of 
the  rebellion  of  1861,  and  for  the  medical  and  surgical 
history  and  statistics ;  and  the  accounts  of  engineer  officers 
and  quartermasters  disbursing  funds  from  the  appropria- 
tion for  contingencies  of  the  army ;  also  charges  and  credits 
to  officers  and  enlisted  men  for  overpayments,  double  pay- 
ments, refunds,  &c. 

570.  This  division  also  registers,  journalizes,  and  posts 
all  requisitions  relating  to  these  particular  subjects  of  ac- 
counts for  advance  of  moneys  to  disbursing  officers,  and 
for  amounts  found  due  individuals  on  settlements ;  also  all 
requisitions  for  warrants  to  cover  moneys  in  the  Treasury 
which  have  been  deposited  by  officers  whose  accounts  are 
the  subject  of  examination  in  this  office ;  also  all  transfer 
and  counter  requisitions. 

580.  This  division  also  prepares  transcripts  of  accounts 
for  suit  in  court,  according  to  the  provisions  of  section  886 
of  the  Kevised  Statutes,  and  registers  bonds  of  disbursing 
officers  whose*  accounts  are  subject  to  examination  by  the 
Second  Auditor. 

II.  Paymaster's  Division. 

58i.  In  this  division  all  paymasters'  accounts  for  pay 
of  the  army  are  audited,  and  reported  to  the  Second  Comp- 
troller for  revision.  These  accounts  are  received  from  the 
Paymaster-General's  office,  where  they  first  undergo  an  ad- 
ministrative examination. 


224  THE  EXECUTIVE  DEPARTMENTS. 

III.  Indian  Division. 

58^.  In  this  division  are  audited  and  transmitted  to  the 
Second  Comptroller  for  final  revision  all  accounts  of  super- 
intendents of  Indian  affairs,  Indian  agents,  and  other  dis- 
bursing officers  of  the  Indian  Bureau.  These  accounts  first 
undergo  an  administrative  examination  in  the  office  of 
Indian  affairs  of  the  Department  of  the  Interior. 

IV.  Pay  and  Bounty  Division. 

583.  In  this  division  all  claims  are  settled  for  soldiers' 
back  pay,  or  arrears  of  pay,  or  bounty,  and  for  additional 
bounty  under  the  acts  of  July  28, 1866,  and  April  22, 1872  ; 
claims  of  colored  soldiers  for  arrears  of  pay  and  bounty, 
and  for  bounty  under  act  of  March  3,  1873. 

V.  Division  for  Investigation  of  Frauds. 

584.  This  division  examines  all  cases  of  wrongful  or 
fraudulent  receipt  of  moneys  on  paymasters'  checks  and 
vouchers  which  are  brought  to  the  notice  of  the  Audi- 
tor; all  attempted  or  accomplished  frauds  in  the  settle- 
ment of  claims  in  this  office,  involving  perjury,  forgery,  or 
unlawful  withholding  of  moneys  collected  from  the  Gov- 
ernment. 

Each  case  is  here  taken  up  and  investigated,  by  reference 
to  the  papers  and  rolls  in  the  office  and  in  the  War  Depart- 
ment, as  also  by  personal  examination  of  parties  interested, 
and  from  information  obtained  from  other  sources.  Ab- 
stracts of  facts  are  prepared,  and  cases  are  made  up,  when 
judicial  action  is  required,  for  the  attention  of  the  Solicitor 
of  the  Treasury,  to  the  end  that  offenders  may  be  prose- 
cuted, or  that  the  moneys  'wrongfully  obtained  may  be 
recovered. 


THE  SECOND  AUDITOR.  225 


VI.  Property  Division. 


58d.  This  division  settles  accounts  of  officers  of  the 
army  for  clothing,  camp  and  garrison  equipage,  and  per- 
forms other  duties  of  a  miscellaneous  character.  It  also 
examines  the  settlements  on  file  in  the  office  relating  to 
officers'  accountability  for  property,  for  the  issue  of  certif- 
icates of  non-indebtedness. 

VII.  Inquiries  and  Keplies. 

586.  This  division  answers,  from  an  examination  of 
the  rolls  and  papers  pertaining  to  the  accounts  on  file,  all 
inquiries  made  by  the  Adjutant,  Paymaster,  Quartermaster, 
and  Commissary  Grenerals  of  the  Army,  the  Commissioner 
of  Pensions,  the  Third  and  Fourth  Auditors,  and  other  offi- 
cers respecting  those  accounts.  It  prepares  certificates 
from  the  muster  and  pay  rolls  of  the  army  to  the  Adjutant- 
General,  the  Third  Auditor,  and  other  officers,  which  are 
required  frequently  in  the  transaction  of  business  in  their 
respective  offices,  or  in  the  interest  of  army  officers,  or  of 
other  persons. 

VIII.  Correspondence  a?^d  Kecords. 

587.  This  division  receives,  notes,  and  refers  the  cor- 
respondence of  the  office ;  registers  the  claims  received ; 
receives,  examines,  registers,  and  mails  or  otherwise  dis- 
poses of  pay  and  bounty  certificates.  It  also  receives,  re- 
cords, and  indexes  the  letters  written  by  the  office,  and 
performs  other  miscellaneous  duties  respecting  the  corre- 
spondence of  the  office. 

XI.  Archives  Division. 

088.  The  Archives  Division  receives  and  files  all  ac- 
counts which  have  been  settled  in  the  office,  and  attends  to 
15 


226  THE  EXECUTIVE  DEPARTMENTS. 

their  proper  arrangement  for  convenient  reference.  It  has 
the  custody  of  the  files,  attends  to  the  withdrawal  of  ac- 
counts and  papers  for  use  in  the  office  or  elsewhere  and  to 
their  proper  return  to  the  files,  and  performs  numerous 
other  duties  of  a  miscellaneous  character.  • 

X.  MiSCEIiLANEOUS  DIVISION. 

o89.  This  division  adjusts  and  settles  accounts  pertain- 
ing to  the  Ordnance  Department,  Medical  Department, 
recruiting  service,  contingencies  of  the  army  and  Adjutant- 
General's  Department,  secret  service  of  the  army,  local 
bounty,  freedmen's  branch  of  Adjutant-General's  office, 
special  acts  of  relief  passed  by  Congress,  and  others  of  a 
miscellaneous  character  not  distributed  to  the  other  divis- 
ions mentioned.  This  division  has  also  the  settlement  of 
claims  included  in  ordnance,  medical,  and  other  disburse- 
ments ;  such  as  claims  for  services  rendered  by  citizen 
physicians  at  places  where  no  army  surgeons  were  station- 
ed ;  claims  for  keeping  military  convicts  in  certain  State 
penitentiaries ;  for  furnishing  arms,  &c.,  to  the  Ordnance 
Department,  &c.  This  division  is  also  engaged  in  making 
a  complete  record  of  payments  to  officers  of  the  army,  both 
volunteer  and  regular,  and,  to  this  end,  in  overhauling  pay- 
masters' accounts ;  also  in  answering  inquiries  as  to  matters 
coming  before  the  division. 


THE  THIRD  AUDITOR.  227 


CHAPTER  Xn. 

THE   THIRD   AUDITOR   OF   THE   TREASURY. 

^90.  The  duties  of  the  Third  Auditor  are  to  receive 
and  examine  all  accounts  relative  to  the  subsistence  of  the 
army,  the  Quartermaster's  Department,  and  generally  all 
accounts  of  the  War  Department  other  than  those  assigned 
by  law  to  the  Second  Auditor  ;  all  accounts  relating  to  army 
pensions,  all  accounts  for  compensation  for  the  =  loss  of 
horses  and  equipments  of  officers  and  enlisted  men  in  the 
military  service  of  the  United  States,  and  for  the  loss  of 
horses  and  equipments,  or  of  steamboats,  and  all  other 
means  of  transportation  in  the  service  of  the  United  States, 
by  contract  or  impressment. 

091.  After  the  examination  of  such  accounts  the  Third 
Auditor  is  required  to  certify  the  balances,  and  to  transmit 
the  accounts,  with  all  vouchers,  papers,  and  the  certificates, 
to  the  Second  Comptroller  for  his  decision.     (R.  S.,  §  277.) 

592.  In  executing  the  requirements  of  law  as  to  ac- 
counts for  the  loss  of  steamboats  and  other  vessels,  railroad 
engines  and  cars,  the  Third  Auditor  is  authorized,  in  per- 
son or  in  such  manner  as  he  may  deem  most  compatible 
with  the  public  interest,  to  take  testimony  and  make  such 
investigation  as  he  may  deem  necessary.  For  the  expense 
inciured  in  such  investigation  he  may  approve  proper  vouch- 
ers for  payment.     (R.  S.,  §  3488.) 

«I93.  The  Third  Auditor  is  required  to  register  all  req- 
uisitions of  the  Secretary  of  War  for  moneys  out  of  appro- 
priations for  the  use  of  the  War  Department ;  to  keep  all 
accounts  of  the  receipts  and  expenditures  of  the  public 


228  THE  EXECUTIVE  DEPARTMENTS. 

moneys  in  regard  to  the  "War  Department,  and  of  all  debts 
due  to  the  United  States  or  moneys  advanced  relative  to 
that  department,  to  the  extent  that  these  subjects  pertain 
to  the  class  of  accounts  coming,within  his  province  to  settle. 
He  is  required  to  receive  from  the  Second  Comptroller  the 
accounts  finally  adjusted,  and  to  preserve  them,  with  their 
vouchers  and  certificates.  He  is  required  annually,  on  the 
first  Monday  of  November,  to  report  to  the  Secretary  of  the 
Treasury  the  application  of  the  money  appropriated  for  the 
"War  Department ;  also  to  make  such  reports  on  the  business 
assigned  him  as  the  Secretary  of  War  may  demand.  (R. 
S.,  §§  283,  3673.) 

594:,  A  transcript  from  the  bf)oks  and  proceedings  of 
the  Treasury  Department,  certified  by  the  Third  Auditor  of 
the  Treasury  and  authenticated  by  the  seal  of  the  Treasury 
Department,  is  entitled  to  admission  in  evidence  of  a  bal- 
ance due  by  a  delinquent  officer  or  other  person  accounta- 
ble for  public  money,  in  any  suit  involving  these  particular 
accounts  of  the  War  Departnient ;  and  thereupon  the  court 
trying  the  case  may  grant  judgment  and  award  execution 
accordingly.  Copies  of  bonds,  contracts,  and  other  papers 
relating  to  or  connected  with  the  settlement  of  an  account 
between  the  United  States  and  an  individual,  made  by  the 
Third  Auditor,  when  so  certified  to  be  true  copies  of  the 
originals,  and  so  authenticated,  may  be  attached  to  such 
transcript,  and  are  entitled  to  the  same  validity  and  to  equal 
credit  with  the  originals  if  produced  and  authenticated  in 
court.     (R.  S.,  §  886.) 

^9^.  By  the  second  section  of  the  act  of  June  16,  1874, 
making  appropriations  for  the  siipport  of  the  army,  it  is 
provided  that  the  Third  Auditor,  together  with  the  Quarter- 
master-Greneral  and  Commissary-General,  shall  continue  to 
receive,  examine,  and  consider  the  justice  and  validity  of 
such  claims  as  shall  be  brought  before  them  under  the  act 


THE   THIRD   AUDITOR.  229 

of  July  4,  1864,  and  the  amendatory  acts  ;  such  claims,  if 
allowed  by  them,  to  be  reported  by  the  Secretary  of  the 
Treasury,  at  each  session  of  Congi-ess,  to  the  Speaker  of 
the  House  of  Representatives,  by  whom  they  shall  be  laid 
before  Congress  for  consideration.  The  claims  here  re- 
ferred to  are  those  of  loyal  citizens  in  States  not  in  rebel; 
lion  for  quartermaster  or  commissary  stores  actually  fur- 
nished the  army  of  the  United  States  and  receipted  for  by 
the  proper  officer  receiving  the  same,  or  which  may  have 
been  taken  by  such  officers  without  giving  a  receipt. 
(Stats.  18,  p.  75 ;  Stats.  13,  p.  381.) 

090.  The  same  provision  by  act  of  June  23,  1874,  is 
extended  to  affect  claims  for  steamboats  and  other  vessels 
pending  in  the  office  of  the  Third  Auditor  under  joint  res- 
olution of  December  23,  1869,  and  March  3,  1871. 

^97.  In  addition  to  the  head  of  the  office,  the  statutes 
provide  for  a  Deputy  Third  Auditor.  His  duties  are  not 
prescribed  by  law.  He,  however,  performs  such  services 
as  the  Third  Auditor  may  assign  him,  and  in  the  absence 
of  his  superior  he  performs  the  duties  of  that  officer  as 
Acting  Auditor. 

The  statutes  also  prescribe  five  chiefs  of  division,  and 
also  make  provision  for  numerous  clerks  in  the  office  of 
the  several  classes. 

This  office  is  organized  into  the  following-named  divis- 
ions : 

1.  Book-keeper's  Division. 

2.  Quartermaster's  Division. 

3.  Subsistence  Division. 

4.  Claims  Division. 
6.  Pension  Division. 
6.  Collection  Division. 

The  latter  division  is  not  within  the  number  of  those  for 
which  the  statutes  make  provision.     Its  head  ia  selected 


230  THE  EXECUTIVE  DEPARTMENTS. 

from  among  the  several  classes  of  clerks  provided  for  the 
general  business  of  the  office. 

I.  The  Book-keeper's  Division. 

^98.  It  is  the  duty  of  this  division  to  keep  an  account 
of  the  appropriation  authorizing  the  disbursements ;  also 
the  money  accounts  of  disbursing  officers  which  are  settled 
in  the  office.  All  accounts  when  finally  adjusted  are  lodged 
for  the  time  in  this  division,  where  the  entries  of  a  general 
character  are  made  to  the  debit  and  credit  of  each  official 
account,  and  the  balances  are  shown.  The  same  proceed- 
ing, substantially,  is  had  with  regard  to  claims  which  have 
been  adjusted  and  allowed.  All  requisitions  for  advances 
of  moneys  to  disbursing  officers  drawn  by  the  Secretary  of 
War  are  charged  in  this  division  to  the  particular  officer's 
accounts  respectively ;  as  are  also  requisitions  issued  by  the 
Secretary  of  the  Interior  as  advances  to  pension  agents  for 
the  payment  of  army  pensions.  In  this  division  are  also 
entered  all  credit  and  counter-requisitions,  on  account  of 
army  and  pension  appropriations,  drawn  by  the  Secretaries 
of  War  and  the  Interior  in  favor  of  the  Treasurer  of  the 
United  States,  on  different  persons  to  whom  money  has 
been  advanced  and  charged,  and  who  have  a  surplus  for 
repayment  into  the  Treasury. 

II.  The  Quartermaster's  Division. 

«(99.  The  duties  of  this  division  consist  in  the  exami- 
nation and  settlement  of  the  accounts  of  quartermasters  of 
the  army.  These  accounts  embrace  disbursements  for  bar- 
racks and  quarters,  hospitals,  store-houses,  offices,  stables, 
and  transportation  of  army  supplies  ;  the  purchase  of  army 
clothing,  camp  and  garrison  equipage,  cavalry  and  artillery 
horses,  fuel,  forage,  straw,  material  for  bedding,  stationery ; 
payments  of  hired  men  and  of  per  diem  to  extra-duty  men ; 


'the  thikd  auditor.  231 

expenses  incurred  in  the  pursuit  and  apprehension  of  de- 
serters ;  for  the  burial  of  officers  and  soldiers ;  for  hired 
escorts,  expresses,  interpreters,  spies,  and  guides ;  for  vet- 
erinary surgeons  and  medicines  for  horses ;  for  supplying 
posts  with  water,  and  for  all  other  proper  and  authorized 
outlays  connected  with  the  movements  and  operations  of 
the  army  not  expressly  assigned  to  any  other  department. 

600.  It  also  settles  accounts  for  property  purchased 
with  the  funds  of  the  Quartermaster's  Department,  upon 
returns  received  through  the  office  of  the  Quartermaster- 
General,  with  the  exception  of  clothing,  camp  and  garrison 
equipage,  which  are  under  the  supervision  of  the  Second 
Auditor.  These  returns  show  whether  the  disposition  made 
of  such  property  is  in  conformity  with  law  and  army  regula- 
tions. 

001.  These  accounts  first  undergo  an  administrative 
examination  in  the  proper  bureau  of  the  War  Department, 
from  which  they  are  received  in  this  division.  After  ad- 
justment here,  and  upon  receiving  the  proper  certificate  of 
the  Third  Auditor,  they  are  transmitted  for  revision  and 
final  decision  of  the  Second  Comptroller  of  the  Treasury. 
Upon  that  officer's  decision  the  accounts  are  returned  to 
the  office  of  the  Third  Auditor,  and  after  the  proper 
entries  are  made  in  the  Book-keeper's  Division  they  are 
placed  in  the  office  files,  in  accordance  with  a  number  pre- 
viously given  to  the  settlement,  and  by  which  it  is  after- 
wards known. 

UI.  The  Subsistence  and  Engineer  Division. 

60^.  This  division  examines  the  accounts  of  commis- 
saries and  acting  commissaries  in  the  army,  with  regard  to 
their  purchases  of  and  accountability  for  the  provisions, 
stores,  and  supplies  for  the  subsistence  of  the  army.  These 
officers  render  monthly  money  accounts,  accompanied  by 


232  THE  EXECUTIVE  DEPARTMENTS. 

proper  vouchers  for  the  disbursements  of  the  funds  ad- 
vanced to  them,  and  also  with  a  provision  return,  showing 
the  disposition  of  provisions  and  stores  purchased  or  de- 
rived from  other  sources.  These  accounts  reach  the  Third 
Auditor  through  the  Commissary-General  of  Subsistence. 
After  adjustment  in  this  division  they  are  transmitted  to 
the  Second  Comptroller  for  revision,  and  upon  their  return 
similar  entries  are  made  as  in  the  case  of  quartermasters' 
accounts,  when  they  are  placed  on  f^le  and  remain  in  the 
custody  of  this  office  under  the  particular  number  of  the 
settlement. 

603.  This  division  also  examines  and  adjusts  the  ac- 
counts of  the  officers  and  agents  of  the  Engineer  Depart- 
ment of  the  army,  who  disburse  moneys  out  of  the  various 
appropriations  made  from  time  to  time  by  Congress  for  the 
construction  and  repair  of  public  works.  These  accounts 
embrace  such  disbursements  for  the  following : 

The  purchase  of  sites  and  material  for  and  construction 
and  repair  of  the  various  fortifications  throughout  the  Uni- 
ted States. 

The  construction  and  repairs  of  roads,  bridges,  bridge- 
trains,  &c.,  for  armies  in  the  field. 

Surveys  on  the  Atlantic  and  Pacific  coasts. 

Examinations  and  surveys  of  the  northern  and  western 
lakes  and  rivers. 

Construction  and  repairs  of  breakwaters. 

Repair  and  improvement  of  harbors,  both  on  the  sea  and 
the  lake  coast. 

Improvement  of  rivers,  and  the  purchase  of  snag  and 
dredge  boats  for  the  same. 

The  expenses  of  the  Military  Academy  at  West  Point. 

The  proceedings  regarding  these  accounts  are  the  same 
in  substance  as  explained  in  regard  to  the  accounts  pre- 
viously mentioned. 


THE   THIRD   AUDITOR.  233 


IV.  The  Claims  Division. 


004:.  This  division  is  charged  with  the  examination  and 
settlement  of  claims  of  a  miscellaneous  character  arising 
in  the  various  branches  of  service  in  the  War  Department. 
To  particularize,  they  embrace  those  growing  out  of  the 
purchase  or  appropriation  of  supplies  and  stores  for  the 
army ;  the  purchase,  hire,  or  appropriation  of  water  craft, 
railroad  stock,  horses,  wagons,  and  other  means  of  trans-  , 
portation ;  the  transportation  contracts  of  the  army ;  the 
occupation  of  real  estate  for  camps,  barracks,  hospitals, 
fortifications,  &c. ;  the  hire  of  employees,  mileage,  courts- 
martial  fees,  travelling  expenses,  commutations,  &c. ;  claims 
for  compensation  for  vessels,  railroad  cars,  engines,  horses, 
equipage,  wagons,  &c.,  lost  in  the  military  servjce  ;  claims 
growing  out  of  the  Oregon  and  "Washington  Territorial 
wars  of  1855  and  1856,  and  other  Indian  wars ;  claims  of 
various  descriptions  under  special  acts  of  Congress,  and 
claims  of  the  several  States  and  Territories  for  expenses 
incurred  by  them  in  raising  and  equipping  troops  for  the 
service  of  the  United  States,  in  suppressing  the  rebellion 
of  1861,  and  for  the  suppression  of  Indian  outbreaks. 

The  special  claims  referred  to  are  those  coming  within 
the  provisions  of  the  Revised  Statutes,  sections  3482  to 
3489,  and  of  the  act  of  July  4,  1864,  (Stats.  13,  p.  381,)  as 
reenacted  in  section  300  pf  those  statutes.  The  first  class 
embraces  claims  on  account  of  horses  lost  in  battle  or 
dying  of  wounds  received  therein,  abandoned  in  the  field 
for  want  of  transport  or  of  forage,  or  on  account  of  prop- 
erty lost  or  abandoned  while  in  the  military  service.  The 
second  class  embraces  all  claims  of  loyal  citizens  in  States 
not  in  rebellion  for  quartermaster's  and  subsistence  stores 
actually  furnished  to  the  army,  receipted  for,  or  taken  and 
not  receipted  for.     Such  claims  are  by  law  required  to  be 


234  THE  EXECUTIVE  DEPARTMENTS. 

first  submitted  to  the  Quartermaster-Greneral  or  Commis- 
sary-General respectively  for  examination,  by  whom  the 
same  are  to  be  reported  to  the  Third  Auditor  for  settle- 
ment. By  the  act  of  June  16,  1874,  the  claims  of  the 
last  class,  if  allowed  by  the  officers  mentioned,  are  to  be 
reported  to  Congress  for  consideration  and  appropriation. 

V.  The  Pension  Division. 

00^.  The  duties  devolving  upon  this  division  embrace 
the  examination  and  settlement  of  all  accounts  pertaining 
to  the  payment  of  army  pensions. 

These  pensions  are  paid  by  agents  distributed  at  conven- 
ient points  throughout  the  country.  They  make  their  pay- 
ments quarterly  and  submit  their  accounts,  together  with 
all  voucher^or  each  month,  directly  to  the  Third  Auditor. 

006.  In  this  division  a  roll  book  is  kept  of  all  army 
pensioners  of  the  several  classes.  When  a  pension  is 
granted  by  the  Secretary  of  the  Interior  a  certificate  is  sent 
directly  to  the  proper  pension  agent,  while  at  the  same 
time  a  copy  is  transmitted  to  the  Third  Auditor,  the  sub- 
stance of  which  is  entered  in  the  roll  book  referred  to  in 
the  proper  agent's  subdivision.  On  this  roll  is  given  the 
name  in  full  of  the  pensioner,  date  of  commencement  and 
ending  of  the  pension,  or  other  data  to  assist  in  the  proper 
adjustment  of  the  accounts  of  the  several  agents. 

007.  An  account  is  kept  with  each  pension  agent, 
charging  him  with  all  moneys  advanced  for  payment  of 
pensions. 

Upon  the  receipt  of  his  monthly  statement,  together  with 
the  abstract  and  vouchers,  a  preliminary  examination  is 
made  in  this  division,  to  see  if  the  money  advanced  is  prop- 
erly accounted  for ;  when,  after  a  writt'en  acknowledgment 
of  receipt,  the  account  is  filed  to  await  its  turn  for  audit. 

Upon  the  adjustment,  each  voucher  is  carefully  exam- 


THE   THIRD   AUDITOR.  235 

ined,  and  the  payment  made  is  entered  on  the  roll  book 
opposite  the  pensioner's  name.  When  the  adjustment  is 
completed  the  account  and  vouchers  are  sent  to  the  Sec- 
ond Comptroller  for  revision.  On  their  return  with  his 
official  certificate,  they  are  placed  under  the  appropriate 
number  of  the  settlement  in  the  permanent  files  of  the 
office. 

608.  It  is  the  duty  of  this  division,  on  the  return  from 
the  Comptroller  of  a  settlement  certified  by  him,  to  notify 
the  officer  whose  account  has  been  thus  settled  in  such 
division  of  the  state  of  that  account,  explaining  specifically, 
but  minutely,  the  differences  existing  between  him  and  the 
Grovernment. 

VI.  The  Collection  Division. 

609.  This  division  makes  examinations  of  settlements 
on  file,  and  prepares  papers  and  data  when  it  becomes  nec- 
essary to  bring  suit  against  a  delinquent  officer  and  his 
bondsmen. 

OlO.  It  is  also  charged  with  the  entering  of  payments 
by  the  department  for  property  purchased  or  seized  by 
army  officers,  upon  the  abstracts  of  property  filed  with 
their  accounts.  These  abstracts  embrace  property  pur- 
chased or  seized  by  the  officers  of  the  army  while  in  the 
field  with  troops,  and  not  paid  for. 

The  liability  of  the  Grovernment  for  such  property  is  con- 
ceded, and  consequently  numerous  claims  by  private  par- 
ties for  the  value  of  the  articles  sold  or  seized  are  made, 
and  have  been  made  in  the  past,  upon  the  officers  of 
the  executive  department  authorized  to  make  settlements. 
Without  some  check  on  the  property  returns,  it  would  be 
impracticable  to  tell  whether  certified  vouchers  and  mem- 
orandum receipts  presented  in  proof  of  claims  have  been 
already  paid.    Payments  may  have  been  made  by  a  disburs- 


236  THE  EXECUTIVE  DEPARTMENTS. 

ing  officer  of  the  Quartermaster's  Department,  and  it  is 
wholly  impracticable  to  examine  the  money  accounts  of, 
every  officer  who  may  have  paid  the  claim.  Fraudulent 
and  erroneous  claims  are  liable  to  be  presented  at  any 
time,  and  the  Grovernment  is  powerless  if  it  has  not  some 
means  of  practicable  or  ready  access  calculated  to  show 
the  fraud  or  error.  Therefore,  by  entering  payment  oppo- 
site the  purchase  or  seizure  on  these  accountability  abstracts 
of  the  purchasing  or  seizing  officer,  every  payment  made 
will  be  a  matter  of  record  on  the  evidence,  which  must  be 
referred  to  in  case  of  a  claim  presented.  This  seems  to  be 
the  only  feasible  mode  for  the  protection  of  the  Govern- 
ment against  the  double  payment  of  claims  liable  to  arise 
on  these  abstracts. 

611.  This  Collection  Division  is  charged  also  with  the 
examination  of  army  muster  rolls,  to  answer  inquiries  of 
the  Pension  Office  as  to  the  time  of  service  of  persons 
making  claims  for  pensions  and  bounty  lands. 


THE  FOURTH  AUDITOR.  237 


CHAPTER .  Xni. 

THE  FOURTH   AUDITOR. 

013.  This  office  was  originally  established,  as  herein- 
before remarked,  by  the  act  of  March  3,  1817. 

613.  The  general  duties  of  the  Fourth  Auditor,  as  de- 
fined by  statute,  are  to  receive  and  examine  all  accounts 
accruing  in  the  Navy  Department  or  relative  thereto,  and 
all  accounts  relating  to  navy  pensions ;  and  after  the  ex- 
amination of  such  accounts  to  certify  the  balances,  and  to 
transmit  the  accounts,  with  the  vouchers  and  his  certificates, 
to  the  Second  Comptroller  for  that  officer's  decision  there* 
on.     (R.  S.,  §  277.) 

614:.  He  is  required  to  keep  accounts  of  the  receipts 
and  expenditures  of  the  public  moneys  relative  to  the 
Navy  Department,  and  of  all  debts  due  to  the  United  States 
on  moneys  advanced  in  relation  to  that  department ;  also 
to  receive  from  the  Second  Comptroller  the  accounts  which 
shall  have  been  finally  adjusted,  and  to  preserve  such  ac- 
counts, with  their  vouchers  and  certificates ;  also  to  record 
all  requisitions  drawn  by  the  Secretary  of  the  Navy ;  also 
to  report  annually,  on  the  first  Monday  in  November,  to 
the  Secretary  of  the  Treasury  the  application  of  the  money 
appropriated  for  the  Department  of  the  Navy ;  also  to  make 
such  report  on  the  business  assigned  him  as  the  Secretary 
of  the  Treasury  may  deem  necessary.     (R.  S.,  §  283.) 

610.  In  case  of  the  loss  or  capture  of  a  vessel  belong* 
ing  to  the  United  States  navy,  the  Fourth  Auditor,  under 
the  direction  of  the  Secretary  of  the  Navy,  is  authorized, 
in  the  settlement  of  the  accounts  of  a  paymaster  of  such 


238  THE   EXECUTIVE  DEPAKTMENTS. 

vessel,  to  credit  him  with  such  portion  of  the  amount  of 
the  provisions,  clothing,  small  stores,  and  money  with  which 
he  stands  charged,  as  the  said  Auditor  shall  be  satisfied  was 
inevitably  lost  by  such  capture  or  loss.     (R.  S.,  §  284.) 

616.  Every  disbursement  of  public  moneys  or  disposal 
of  public  stores  made  by  a  disbursing  officer  pursuant  to  an 
order  of  any  commanding  officer  of  the  navy,  may  be  al- 
lowed by  the  Fourth  Auditor  in  the  settlement  of  the  ac- 
counts of  the  officer,  upon  satisfactory  evidence  of  the  issu- 
ance of  such  order  and  of  the  payment  of  money  or  disposal 
of  stores  in  conformity  with  it ;  for  the  propriety  of  which 
the  commanding  officer  aforesaid  is  by  law  held  account- 
able.    (R.  S.,  §  285.) 

617.  The  Fourth  Auditor,  together  with  the  Second 
Comptroller,  as  the  proper  accounting  officers,  in  settling 
the  accounts  of  seamen  and  others,  not  officers,  borne  on 
the  books  of  any  vessel  of  the  navy  which  shall  have  been 
wrecked,  or  which  shall  have  been  unheard  from  so  long 
that  her  wreck  may  be  presumed,  or  which  shall  have  been 
destroyed  or  lost  with  the  rolls  and  papers  necessary  to  a 
regular  and  exact  settlement  of  such  accounts,  is  authorized 
to  fi!x  a  day  when  such  wreck,  destruction,  or  loss  shall  be 
deemed  to  have  occurred.     (R.  S.,  §  286.) 

Also  in  case  of  the  loss  of  any  vessel  in  the  employ  of 
the  United  States,  by  casualty  or  in  action  with  the  enemy, 
together  with  her  papers  necessary  to  the  exact  ascertain- 
ment of  the  several  accounts  of  the  same,  to  assume  the 
last  quarterly  return  of  the  paymaster  as  the  basis  for  the 
computation  of  the  subsequent  credits  to  those  on  board, 
to  the  date  of  such  loss,  if  there  be  no  official  evidence  to 
the  contrary ;  or  when  such  quarterly  return  has  not  been 
made,  to  adjust  such  accounts  on  principles  of  equity  ^nd 
justice.     (R.  S.,  §  287.) 

Also,  in  case  of  such  loss,  he  may  allow  and  pay  to 


THE  FOURTH  AUDITOR.  239 

each  person,  not  an  officer,  employed  on  the  vessel  so  sunk 
or  destroyed,  and  whose  personal  effects  have  been  lost,  a 
sum  not  exceeding  sixty  dollars,  as  compensation  for  such 
loss ;  or  in  case  of  the  death  of  such  person,  to  the  widow, 
child  or  children,  father,  mother,  or  brothers  and  sisters 
jointly,  in  that  order  of  preference.     (R.  S.,  §§  288,  289.) 

618.  The  Fourth  Auditor  is  also,  in  conjunction  with 
the  Second  Comptroller,  authorized,  with  the  approval  of 
the  Secretary  of  the  Navy,  to  allow  any  officer  of  the  navy 
or  marine  corps  a  sum  not  exceeding  his  sea  pay  for  one 
month,  as  compensation  for  the  loss  of  his  personal  effects, 
on  any  vessel  in  the  employ  of  the  United  States  which, 
since  the  19th  of  April,  1861,  has  been  sunk  or  destroyed 
without  fault  or  negligence  on  the  part  of  such  officer. 
But  a  schedule  and  certificate  must  in  all  cases  be  required 
from  the  officer  making  the  claim.     (R.  S.,  §  290.) 

619.  When  a  suit  is  brought  involving  accounts  of  the 
Navy  Department,  a  transcript  from  the  books  and  proceed- 
ings of  the  Treasury  Department,  certified  by  the  Fourth 
Auditor  and  authenticated  under  the  seal  of  the  Treasury, 
is  entitled  to  be  admitted  in  evidence ;  and  thereupon  the 
court  trying  the  case  is  authorized  to  grant  judgment  and 
award  execution  accordingly.  And  all  copies  of  bonds, 
contracts,  or  other  papers  relating  t^  or  connected  with  the 
settlement  of  any  such  account  between  the  United  States 
and  an  individual,  when  certified  by  said  Auditor  to  be  true 
copies  of  the  originals  on  file,  and  so  authenticated  under 
seal,  may  be  annexed  to  such  transcript,  and  are  given  by 
law  equal  validity  and  credit  as  the  original  papers,  if  pro- 
duced and  authenticated  in  court.     (R.  S.,  §  886.) 

630.  The  Fourth  Auditor  is  assisted  by  a  deputy,  whose 
duties  are  assigned  him  as  in  the  case  of  other  deputy 
bureau  officers  in  the  Treasury  Department,  as  before  ex- 
plained. 


240        THE  EXECUTIVE  DEPARTMENTS. 

691.  By  law,  the  office  of  the  Fourth  Auditor  is  allowed 
three  chiefs  of  divisions.  The  office  is,  however,  organized 
into  six  divisions,  three  of  them  being  under  the  supervision 
of  the  like  number  of  chiefs  authorized  by  the  statutes. 
These  divisions  are  as  follow : 

1.  Paymaster's  Division. 

2.  Navy  Agent's  Division. 
3.-  Prize  Division. 

4.  Navy  Pension  Division. 

5.  Book-keeper's  Division. 

6.  Greneral  Claims  Division. 

I.  Paymaster's  Division. 

099.  This  division  examines,  settles,  and  adjusts  ac- 
counts of  paymasters  of  the  navy.  These  accounts  are  for 
pay  of  the  navy  and  marine  corps.  They  are  made  quar- 
terly, and  transmitted  directly,  with  all  papers  and  vouchers, 
by  the  several  paymasters,  to  the  Fourth  Auditor  of  the 
Treasury  for  settlement.  These  embrace  a  muster  and  pay 
roll  of  the  naval  station,  navy-yard,  or  naval  vessel  under 
payment  by  the  particular  paymaster. 

After  adjustment  the  accounts  are  sent  to  the  office  of 
the  Second  Comptroller  for  revision,  and  after  final  decis- 
ion by  that  officer  the^  are  returned  and  placed  on  file  in 
the  office  of  the  Fourth  Auditor. 

n.  Navy  Agent's  Division. 

693.  This  division  settles  all  accounts  of  navy  agentis 
disbursing  moneys  for  the  purchase  of  supplies  for  navy- 
yards,  naval  stations,  and  for  the  service  of  the  navy ;  also 
all  accounts  of  navy  agents  for  payment  of  allotments. 
These  allotments  are  the  provision  for  the  payment  of  a 
fixed  sum  per  month,  not  over  one-half  pay,  which  an  officer 
who  is  at  sea  on  a  naval  vessel  makes  for  the  benefit  or 


THE  FOURTH  AUDITOR.  241 

support  of  his  wife  or  family.  By  executing  a  form  some- 
what in  the  nature  of  a  power  of  attorney,  the  member  of 
his  family  or  person  mentioned  therein  is  allowed  to  draw 
from  a  paymaster  or  navy  agent  at  the  place  named  a  cer- 
tain portion  of  the  monthly  pay  of  the  officer.  These  allot- 
ments are  received  and  registered  in  the  office  of  the  Fourth 
Auditor,  in  this  division.  The  officer  s  pay,  therefore,  ap- 
pears in  two  separate  accounts  for  the  same  period  of  time, 
viz.,  in  that  of  the  paymaster  at  home  who  pays  the  allot- 
ment, and  that  of  the  paymaster  on  the  vessel  at  sea  or  in 
a  foreign  port,  .wherever  he  may  be  paid  the  balance  of  his 
monthly  compensation.  The  latter  is  adjusted  in  the  Pay- 
master's Division  of  this  office,  while  the  allotment  account 
is  settled  in  the  Navy  Agent's  Division.  A  careful  compar- 
ison of  the  different  accounts  is  required,  and  a  continual 
reference  from  one  to  the  other  also,  so  that  any  overpay- 
ment may  be  detected. 

III.  Prize  and  Record  Division. 

634.  This  division  settles  all  claims  for  prize-money 
arising  out  of  the  peculiar  system  of  awards  made  by  law 
to  the  officers  and  men  of  United  States  naval  vessels  which 
have  made  capture  of  a  war  vessel  of  the  enemy,  or  of  any 
other  vessel  or  property  adjudicated  as  lawful  prize.  The 
statutes  declare  what  shall  be  in  such  cases  the  distributive 
shares  of  the  officers  and  men  of  the  capturing  vessel,  or 
other  vessel  or  vessels  within  signalling  distance.  These 
distributive  shares  are  adjusted  in  this  division.  All  mat- 
ters of  this  class  of  business  in  this  division  arose  out  of 
the  rebellion  of  1861,  and  of  course  are  now  of  small  ex- 
tent and  constantly  diminishing. 

In  addition  to  this,  the  division  is  charged  with  the  duties 

of  preparing  tabular  statements  and  reports  called  for  by 

Congress  and  the  Secretary  of  the  Treasury ;  of  keeping 

16 


242  THE  EXECUTIVE  DEPARTMENTS. 

a  record  of  appointments,  resignations,  removals,  and  ab- 
sences, and  with  the  payment  of  the  salaries  of  the  em- 
ployees of  the  office. 

IV.  Navy  Pension  Division. 

^25,  This  division  receives  from  the  pension  agents 
who  are  assigned  to  the  payment  of  navy  pensions  their 
accounts,  which  are  here  examined  and  adjusted.  A  roll 
of  all  pensioners  is  also  kept  in  this  division,  and  each  per- 
son is  charged  with  each  quarter-yearly  pension  paid  him 
by  the  pension  agent.  This  division  corresponds,  in  the 
nature  of  its  duties  and  mode  of  transacting  business,  with 
the  Pension  Division  of  the  Third  Auditor's  office,  the  one 
adjusting  accounts  of  navy  pensions,  and  the  other  those  of 
army  pensions. 

6^6.  The  claims  for  pensions  of  either  class  are  deter- 
mined by  the  Commissioner  of  Pensions.  As  in  the  case 
of  army  pensions,  he  issues  his  certificate  to  the  proper 
agent  when  a  navy  pension  is  granted,  giving  notice  of  the 
fact,  the  name  of  the  pensioner,  the  amount  and  class  of 
pension,  and  of  the  time  when  the  same  commences  to  run. 
A  duplicate  of  this  certificate  is  also  sent  to  the  Fourth 
Auditor,  who  enters  the  name  and  subject-matter  on  his 
rolls.  A  like  certificate  is  also  sent  to  these  officers,  noti- 
fying them  of  the  discontinuance  of  a  pension. 

6^7.  The  amount  bestowed  during  the  fiscal  year  of 
1877  and  1878,  and  the  number  of  navy  pensioners  at  the 
end  of  that  year,  were  as  follow : 

Amount, $507,105.37 

Invalid,    ............  2,096 

Widows  and  dependent  relatives,    .     .     .  2,483 

V.  Book-keeper's  Division. 

098.  This  division  is  similar  in  its  duties  to  the  book- 
keeping divisions  of  the  other  auditing  offices.    It  registers 


THE  FOURTH  AUDITOE.  243 

and  enters  all  pay  and  repay  requisitions  issued  by  the  Sec- 
retary of  the  Navy  for  and  on  account  of  the  pay  and  sup- 
port of  the  naval  branch  of  the  military  service.  AH 
requisitions  for  advances  of  moneys  from  the  appropria- 
tions for  that  service  are  here  charged  in  the  accounts  of 
the  disbursing  officers  who  are  respectively  to  be  held  ac- 
countable. All  accounts  settled  in  the  other  divisions  of 
the  office  are  here  journalized,  and  other  details  of  business 
appurtenant  thereto  are  given  attention. 

VI.  Claims  Division. 

Odd.  This  division  examines  and  settles  all  accounts 
for  back  pay  of  officers  and  men  in  the  navy,  and  for  trav^ 
elling  expenses  of  officers;  also  all  accounts  of  deceased 
persons  whose  names  are  on  the  navy  rolls,  and  for  whose 
services  money  is  due ;  also  accounts  of  a  general  nature. 


244  THE  EXECUTIVE  DEPARTMENTS. 


CHAPTEK  XIV. 

THE  FIFTH  AUDITOR  OF   THE   TREASURY. 

630.  This  officer  was  originally  provided  for  by  the  act 
of  March  3,  1817,  already  referred  to. 

031.  His  duties  are  to  receive  and  examine  all  accounts 
accruing  in  or  relative  to  the  Department  of  State,  all  ac- 
counts involved  in  the  collection  of  internal  revenue,  all 
accounts  relating  to  the  contingent  expenses  of  the  Patent 
Office,  and  all  accounts  relating  to  the  census.  (R.  S.,  § 
277.) 

03^.  Whenever  any  sum  of  money  -shall  be  issued  from 
the  Treasury  for  the  purpose  of  intercourse  or  treaty  with 
any  foreign  nation  pursuant  to  law,  the  President  is  author- 
ized to  cause  the  same  to  be  duly  settled  annually  with  the 
proper  accounting  officers  of  the  Treasury,  by  causing  the 
«ame  to  be  accounted  for  specifically,  if  the  expenditure 
may  in  his  judgment  be  made  public  ;  and  by  making  or 
causing  the  Secretary  of  State  to  make  a  certificate  of  the 
amount  of  such  expenditure  as  he  may  deem  it  advisable 
not  to  specify ;  and  every  such  certificate  shall  be  deemed 
a  sufficient  voucher  for  the  sum  therein  expressed  to  have 
been  expended.     (R.  S.,  §  291.) 

633.  This  office  is  also  provided  by  law  with  a  Deputy 
Auditor,  who  performs  such  duties  as  are  assigned  him  by 
his  superior,  and  acts  in  the  place  of  the  latter  in  case  of 
sickness,  absence,  or  of  a  vacancy.  The  statutes  also  pro- 
vide for  the  appointment  of  two  chiefs  of  divisions. 

634.  One  of  these  chiefs  is  assigned  to  the  charge  of 
the  Diplomatic  and  Consular  Division,  wherein  are  adjusted 


THE   FIFTH  AUDITOR.  245 

all  accounts  for  salaries,  contingent  expenses  of  diplomatic 
and  consular  officers,  together  with  those  for  fees  received 
by  the  latter. 

030.  The  other  chief  is  in  charge  of  the  Division  of 
Internal  Revenue,  embracing  the  adjustment  of  all  inter- 
nal-revenue accounts. 

636.  The  business  of  the  office  pertains  mainly  to  the 
adjustment  of  the  following-named  accounts : 

Accounts  for  salaries  and  contingencies  of  United  States 
ministers  abroad,  charges  d'affaires,  secretaries  of  legation, 
interpreters,  dispatch  agents,  &c. 

Accounts  for  salaries,  emoluments,  and  contingencies  of 
United  States  consuls,  consular  agents,  commercial  agents, 
consular  clerks,  &c.,  and  for  fees  received  by  consuls  for 
which  they  are  required  to  account.  These  accounts  em- 
brace also  their  expenditures  for  the  relief  of  United  States 
seamen  in  foreign  ports,  and  for  their  passage  home  when 
destitute ;  as  likewise  all  amounts  received  from  masters 
of  vessels  for  three  months'  extra  wages  of  seamen  dis- 
charged in  foreign  ports. 

Accounts  of  the  Disbursing  Clerk  of  the  Department  of 
State  for  expenses  of  editing,  publishing,  and  distributing 
the  United  States  statutes ;  for  stationery,  furniture,  books, 
maps,  lithographing,  postage  of  the  State  Department,  con- 
tingent expenses  of  foreign  missions,  expenses  of  rescuing 
shipwrecked  United  States  seamen,  &c. 

Accounts  approved  by  the  Secretary  of  State  for  expenses 
under  sundry  appropriations,  such  as  those  for  surveys  of 
boundaries  between  the  United  States  and  the  British  pos- 
sessions ;  for  salaries  and  expenses  of  Claims  Commissions, 
adjusting  controversies  between  our  citizens  and  subjects 
of  foreign  powers ;  for  extradition  of  criminals ;  for  inter- 
preters for  consular  courts ;  for  marshals  for  consular 
courts  of  Japan,  China,  Siam,  and  Turkey;  for  rent  of 


M6  THE  EXECUTIVE  DEPARTMENTS. 

prisons  for  United  States  convicts  in  those  countries ;  for 
interpreters,  guards,  and  other  expenses  of  consulates  at 
Constantinople,  Smyrna,  Cairo,  Jerusalem,  and  Beiroot,  in 
the  Turkish  dominions. 

Accounts  of  the  Disbursing  Oierk  of  the  Department  of 
the  Interior  for  the  expenses  of  taking  the  census;  for 
contingent  expenses  of  the  Patent  Office,  and  for  plates, 
lithographing,  drawings,  tracings,  &c.,  in  that  office ;  for 
expenses  of  distributing  public  documents ;  for  preserva- 
tion of  collections  in  the  Smithsonian  Institution,  &c. 

Accounts  of  Disbursing  Clerk  of  the  Post  Office  Depart- 
ment for  contingent  expenses  of  that  department. 

Accounts  for  salaries  and  miscellaneous  expenses  of  the 
office  of  the  Commissioner  of  Internal  Revenue,  embrac- 
ing attorneys'  fees,  rewards,  travelling  expenses,  stationery, 
rent,  telegrams,  &c. 

Accounts  of  the  Commissioner  of  Internal  Revenue  for 
internal-revenue  stamps  of  the  several  classes  of  stamps  for 
distilled  spirits,  tobacco,  snuff,  and  cigars ;  for  special-tax 
stamps,  beer  stamps,  documentary  and  proprietary  stamps. 

Accounts  of  collectors  of  internal  revenue  for  collections 
and  disbursements. 

Accounts  of  stamp  agents  authorized  to  sell  stamps. 

Accounts  for  refunding  taxes  illegally  assessed,  and 
moneys  received  on  lands  sold  for  direct  taxes. 

Accounts  for  the  engraving  and  printing  of  internal- 
revenue  stamps  and  for  stamp  paper. 

Accounts  for  salaries  and  expenses  of  internal-revenue 
agents,  surveyors  of  distilleries,  fees  and  expenses  of  gang- 
ers, &c. 

Accounts  of  the  Secretary  of  the  Treasury  fw  awards  to 
informers  out  Of  fines,  penalties,  and  forfeitures  collected. 

Accounts  for  the  expenses  of  the  detection  and  prosecu- 
tion of  fraud  upon  the  internal  revenue,  &c. 


POST-OFFIGE  ACCOUNTS.  247 


CHAPTER  XV. 

THE   SIXTH  AUDITOR. 

037.  Previous  to  the  revision  of  the  United  States  stat- 
utes, the  duties  of  this  position  devolved  upon  an  officer 
known  by  the  awkward  title  of  the  Auditor  of  the  Treasury 
for  the  Post  Office  Department.  The  Revisers  sought  to 
harmonize  the  statutes,  as  regards  the  auditing  officers,  by 
naming  them  in  a  regular  sequence  ;  and  accordingly  they 
denominated  this  one  the  Sixth  Auditor  of  the  Treasury. 
In  a  subsequent  act  (that  of  March  3,  1875, — an  appropria- 
tion act)  Congress  seems  to  have  overlooked  the  fact  of  the 
change  of  name  of  the  officer,  then  recently  made,  by  the 
Revised  Statutes ;  for  it  used  in  that  act  the  old  name  in 
designating  the  office  appropriated  for.  The  Auditor  of 
the  Treasury  for  the  Post  Office  Department  is  in  reality 
the  Sixth  Auditor  of  the  Treasury. 

638.  This  office  was  originally  created  by  act  of  Con- 
gress of  July  2,  1836.  Previously  the  duties  had  devolved 
upon  the  Fifth  Auditor,  in  addition  to  his  other  duties  con- 
nected with  the  settlement  of  different  accounts. 

030.  The  duties  of  the  Sixth  Auditor  bear  relation  both 
to  the  Treasury  and  Post  Office  Departments.  He  is  an 
officer  of  the  Treasury,  and  under  the  direct  control  of  the 
Secretary ;  but,  at  the  same  timet  he  is  also  by  law  subject 
in  certain  respects  t6  instructions  which  may  be  given  by 
the  Postmaster-General.  He  is  to  report  to  the  latter  when 
required,  and  to  certify  to  him  all  official  balances  found 
on  settlements  of  official  accounts.  He  is  substantially  an 
officer  of  both  departments.     (7  Opin.,  445.) 


248  THE  EXECUTIVE  DEPARTMENTS. 

640.  He  is  assisted  by  a  deputy,  who  acts  in  his  place 
in  case  of  absence  and  sickness.  The  law  authorizes  eight 
heads  of  division.  The  office  is  formed  into  eight  divisions, 
as  follow : 

1.  Examining  Division. 

2.  Registering  Division. 

3.  Book-keeping  Division. 

4.  Stating  Division. 

5.  Collecting  Division. 

6.  Foreign  Mail  Division. 

7.  Pay  Division. 

8.  Money-Order  Division. 

641.  The  duties  of  the  head  of  the  office,  as  specified 
by  statute,  are  as  follow : 

He  is  required  to  receive  all  accounts  arising  in  the  Post 
Office  Department  or  relative  thereto,  with  the  vouchers 
necessary  to  a  correct  adjustment  thereof,  and  to  audit  and 
settle  the  same,  and  to  certify  the  balances  to  the  Post- 
master-General;  also  to  keep  and  preserve  all  accounts 
and  vouchers  after  settlement.  He  is  requu-ed  to  close  the 
account  of  the  department  quarterly,  and  to  transmit  to  the 
Secretary  of  the  Treasury  quarterly  a  statement  of  its  re- 
ceipts and  expenditures.  He  is  required  to  report  to  the 
Postmaster-General,  when  the  latter  desires,  the  manner 
and  form  of  keeping  and  stating  the  accounts  of  the  de- 
partment, and  the  official  forms  of  papers  to  be  used  in 
connection  with  its  receipts  and  expenditures.  He  is  re- 
quired also  to  report  to  the  Postmaster-General  all  delin- 
quencies of  postmasters*  in  rendering  their  accounts  and 
returns,  or  in  paying  over  money-order  funds  and  other 
receipts  at  their  offices,  and  likewise  to  notify  him  of  the 
discovery  of  deficiencies  in  such  accounts.  It  is  made  his 
duty  to  register,  charge,  and  countersign  all  warrants  upon 
the  Treasury  for  receipts  or  payments,  issued  by  the  Post- 


THE   SIXTH   AUDITOR.  249 

master-Greneral,  when  warranted  by  law.  He  is  required  to 
perform  such  other  duties  in  relation  to  the  financial  con- 
cerns of  the  department  as  may  be  assigned  to  him  by  the 
Secretary  of  the  Treasury,  and  to  make  to  the  Secretary  or 
to  the  Postmaster-Greneral  such  reports  respecting  the  same 
as  either  of  them  may  requu-e.  (R.  S.,  §  277 ;  act  Febru- 
ary 4,  1879.) 

641^.  Unlike  the  other  Auditors,  his  settlements  of  ac- 
counts are  not  subject  to  revision  by  any  other  officer, 
except  when  dissatisfaction  is  expressed  by  any  person  or 
by  the  Postmaster-General,  in  which  case  an  appeal  may 
be  taken  within  twelve  months  to  the  First  Comptroller, 
whose  decision  is  final.     (R.  S.,  §  270.) 

643.  It  is  his  duty  to  superintend  the  collection  of  all 
debts  due  the  Post  Office  Department  and  all  penalties  and 
forfeitures  imposed  for  violation  of  the  postal  laws,  and  to 
take  all  such  other  measures  as  may  be  authorized  by  law 
to  enforce  the  payment  of  such  debts  and  the  recovery  of 
such  penalties  and  forfeitures ;  also  to  superintend  the  col- 
lection of  all  penalties  and  forfeitures  arising  under  other 
statutes,  where  such  penalties  and  forfeitures  are  the  con- 
sequence of  unlawful  acts  affecting  the  revenues  or  prop- 
erty of  the  Post  Office  Department.     (R.  S.,  §  292.) 

04:4:.  He  is  required  to  keep  the  accounts  of  the  money- 
order  business  separately,  and  in  such  manner  as  to  show 
the  number  and  amount  of  money  orders  issued  at  each 
office,  the  number  and  amount  paid,  the  amount  of  fees 
received,  and  all  expenses  of  the  money-order  business. 
(R.  S.,  §  293.) 

640.  It  is  made  his  duty  to  state  and  certify  quarterly 
to  the  Postmaster-Greneral  an  account  of  the  money  paid 
by  postmasters,  out  of  the  receipts  of  their  offices  and  pur- 
suant to  appropriations,  on  account  of  the  expenses  of  the 
postal  service,  designating  the  heads  under  which  such 
payments  were  made.    (R.  S.,  §  294.) 


250  THE  EXECUTIVE  DEPARTMENTS. 

6Jr6.  The  Sixth  Auditor  may,  with  the  consent  of  the 
Postmaster-G-eneral,  compromise  a  judgment  obtained  for 
a  debt  or  damages  due  the  Post  Office  Department,  and 
accept  a  less  sum  in  satisfaction  thereof,  when  it  appears 
satisfactorily  to  him  that  such  judgment  or  the  unpaid  part 
thereof  cannot  be  collected  by  due  process  of  law.  (K  S., 
§  295.) 

He  is  required  to  forward  to  the  Department  of  Justice 
certified  copies  of  any  papers  in  his  office  tending  to  sus- 
tain the  claim,  in  case  of  delinquency  of  any  postmaster, 
contractor,  or  other  officer,  agent,  or  employee  of  the  Post 
Office  Deparjtment.     (R.  S.,  §  296.) 

647.  He  may  administer  oaths  to  witnesses  in  any  case 
in  which  he  may  deem  it  necessary  for  the  due  examina- 
tion of  the  accounts  with  which  he  is  charged.  (R.  S.,  § 
297.) 

648.  The  Sixth  Auditor  is  empowered  to  ascertain  the 
facts,  under  regulations  prescribed  by  the  Postmaster-Gen- 
eral, respecting  any  case  of  fine,  penalty,  or  forfeiture, 
disability,  or  alleged  liability  for  any  money,  by  way  of 
damages  or  otherwise,  under  any  law  relating  to  officers, 
employees,  operations,  or  business  of  the  postal  service, 
aud  to  certify  to  the  Postmaster-General  that  the  interests 
of  the  department  require  the  exercise  of  his  powers  over 
fines,  penalties,  forfeitures,  and  liabilities ;  and  thereupon, 
with  the  written  consent  of  that  officer,  he  may  mitigate  or 
remit  such  fine,  penalty,  or  forfeiture,  remove  such  disa- 
bility, or  compromise,  release,  or  discharge  such  claim  for 
such  sum  of  money  and  damages,  and  on  such  terms  as 
the  Auditor  shall  deem  just  and  expedient.     (R.  S.,  §  409.) 

649.  It  is  provided  that  copies  of  the  quarterly  returns 
of  postmastei*s,  and  of  any  papers  pertaining  to  the  accounts 
in  the  office  of  the  Sixth  Auditor,  and  transcripts  from  the 
money-order  account  books  of  the  Post  Office  Department, 


THE   SIXTH   AUDITOB.  251 

when  certified  by  the  Sixth  Auditor  under  the  seal  of  his 
office,  shall  be  admitted  as  evidence  in  the  courts  of  the 
United  States  in  civil  suits  and  criminal  prosecutions.  In 
any  civil  suit,  in  case  of  delinquency  of  any  postmaster  or 
contractor,  a  statement  of  the  account  certified  as  aforesaid 
is  admissible  in  evidence,  and  the  court  is  authorized  there- 
upon to  give  judgment  and  award  execution,  subject  to  the 
provisions  of  law  as  to  proceedings  in  such  civil  suits.  (E.. 
S.,  §  889.) 

O^O.  Payments  of  money  out  of  the  Treasury  on  ac- 
count of  the  postal  service,  and  in  pursuance  of  appropria- 
tions, are  required  to  be  by  warrants  of  the  Postmaster- 
General,  registered  and  countersigned  by  this  Auditor,  and 
expressing  on  their  face  the  appropriation  to  which  they 
should  be  charged.     (R.  S.,  §  3674.) 

6^1.  Whenever  a  postmaster  is  required  to  execute  a 
new  bond,  all  payments  made  by  him  after  the  execution 
of  such  new  bond  may,  if  the  PostmasterTGleneral  or  the 
Sixth  Auditor  deems  it  just,  be  applied  first  to  discharge 
any  balance  which  may  be  due  upon  the  old  bond.  (R.  S., 
§  3835.)  And  on  the  discovery  of  a  deficiency  in  the  ac- 
counts of  a  postmaster,  the  Sixth  Auditor  is  required  to 
notify  the  Postmaster-Gleneral,  and  thereupon  the  latter  is 
directed  by  law  to  deposit  a  notice  in  the  post  office  at 
Washington,  D.  C,  addressed  to  the  sureties  respectively 
on  the  bond  of  such  postmaster  at  the  place  where  they 
respectively  reside.     (Act  February  4,  1879.) 

G52,  A  transcript  from  the  money-order  account  books 
of  the  Sixth  Auditor  is  made  prima  facie  evidence  of  em- 
bezzlement on  the  part  of  any  officer  connected  with  the 
business  of  a  money-order  office,  of  an  amount  found  due 
by  such  officer,  which  he  has  misapplied  by  conversion  to 
his  own  use,  &c.     (R.  S.,  §  4046.) 

6^3.  The  Auditor  is  required  to  show  by  his  annual 


252  THE  EXECUTIVE  DEPARTMENTS. 

reports  the  financial  condition  of  the  Post  Office  Depart- 
ment at  the  close  of  each  fiscal  year,  and  such  reports  are 
required  to  be  made  part  of  the  Postmaster-Greneral's  an- 
nual report  to  Congress  for  that  fiscal  year.  (Act  July  12, 
1876,  Stats.  19,  p.  82.) 

6^4.  He  is  required  to  report  to  the  Postmaster-General 
any  case  where  the  aggregate  annual  compensation,  exclu- 
sive of  money-order  commissions,  of  a  postmaster  of  the 
fourth  class  amounts  to  one  thousand  dollars,  that  such 
postmaster  may  be  assigned  to  his  proper  class,  and  that 
his  salary  may  be  fixed  accordingly.     (Stats.  19,  p.  82.) 

6o^.  The  Deputy  Auditor  supervises  the  general  busi- 
ness of  the  office,  distributes  the  business  to  the  diff'erent 
divisions,  and,  as  an  aid  to  the  Auditor,  has  a  general  di- 
rection of  the  clerks  and  employees.  In  the  absence  or 
sickness  of  the  Auditor  he  acts  in  his  place. 

6^6.  The  duties  assigned  to  the  several  divisions,  in 
the  order  in  which  they  have  been  mentioned,  are  as  fol- 
low, beginning  with — 

I.  The  Examining  Division. 

6^7.  This  division  receives  and  audits  the  quarterly 
accounts  current  of  all  post  offices  in  the  United  States. 
It  is  subdivided  into  the  opening  room,  the  stamp  rooms, 
the  examining  corps  proper,  and  the  error  rooms. 

1.  Tlie  Opening  Room. — All  returns  are  opened  as  soon 
as  received,  and  if  found  in  accordance  with  regulations 
they  are  entered  in  the  register,  and  then  forwarded  to  the 
stamp  rooms. 

2.  The  Stamp  Rooms. — In  this  subdivision  the  returns 
received  from  the  opening  room  are  divided  alphabetically 
among  the  stamp  clerks,  whose  duties  consist  in  comparing 
the  stamp  statements  of  postmasters  in  the  accounts  cur- 
rent with  their  own  books  and  with  the  returns  made  to 


THE   SIXTH  AUDITOR.  253 

them  from  the  Stamp  Division  of  the  finance  office,  whence 
stamp  orders  are  issued  and  receipts  for  the  same  received 
and  forwarded  to  the  Stamp  Clerk.  The  retm-ns  thus  ap- 
proved or  corrected  are  passed  to  the  examiners. 

3.  Tlie  Examining  Corps  Proper. — Here  the  quarterly 
returns  of  postmasters  received  from  the  stamp  rooms  are 
divided  among  the  examiners  by  sections,  each  section 
comprising  several  States,  or  parts  of  States.  After  the 
examination  of  the  accounts  current  and  the  stamp  account, 
reviewing  and  refooting  the  transcript  of  mails  received, 
and  examining  all  vouchers  belonging  to  that  portion  of 
the  work,  the  balance  is  drawn  on  all  accounts  of  the  third 
and  fourth  classes.  The  returns  thus  examined  and  com- 
pleted are  forwarded  to  the  Registering  Division,  to  be 
entered  upon  its  books. 

4.  The  Error  Rooms. — This  subdivision  reviews  and  re- 
examines the  error  accounts  received  from  the  Registering 
Division,  and  forwards  to  each  postmaster  a  copy  of  his 
account  as  stated  by  him,  and  as  audited  and  corrected 
by  the  office. 

II.  The  Registebing  Division. 

608.  This  division  receives  from  the  Examining  Divis- 
ion the  quarterly  accounts  of  postmasters,  reexamines  and 
registers  them,  placing  each  item  of  revenue  and  expendi- 
ture under  its  appropriate  head.  The  register  in  this  divis- 
ion exhibits  at  the  end  of  each  fiscal  year  (June  30)  the 
total  amount  of  receipts  and  expenditures  for  that  year. 
To  this  division  is  also  assigned  the  duty  of  entering  in 
the  change  books,  prepared  for  the  purpose,  all  changes 
of  postmasters,  and  the  establishment,  reestablishment,  dis- 
continuance, and  change  of  name  of  post  offices  reported 
from  the  appointment  office. 


254  THE  EXECUTIVE  DEPARTMENTS. 


in.  The  Book-keeping  Division. 

659.  To  this  division  is  assigned  the  duty  of  keeping 
the  ledger  accounts  of  the  department,  embracing  those  of 
postmasters,  late  postmasters,  contractors,  late  contractors, 
and  those  of  a  general,  special,  and  miscellaneous  charac- 
ter. Other  books  are  kept  in  this  division,  viz.,  a  cash 
book,  warrant  register,  ledger  of  warrants  and  deposits, 
stamp  journal,  transfer  journal,  and  deposit  book.  Ac- 
counts are  also  kept  with  the  several  appropriations,  re- 
ceipts, and  expenditures  of  the  department;  with  the 
Treasurer  of  the  United  States,  the  executive  departments 
for  official  stamps,  foreign  governments,  special  agents, 
and  consuls  acting  as  foreign  mail  agents.  This  division 
also  prepares  and  records  all  requisitions  on  the  Treasury 
for  the  service  of  the  Post  Office  Department. 

Over  sixty  ledgers  are  opened  in  this  division,  contain- 
itig  about  forty-three  thousand  current  accounts. 

• 
IV.  The  Stating  Division. 

060.  This  division  has  charge  of  the  general  postal  ac- 
counts of  postmasters,  and  those  of  late  postmasters  until 
fully  stated.  These  general  accounts  show  the  balances 
due  the  United  States  or  the  postmasters  at  the  end  of  the 
quarters. 

V.  The  Collection  Division. 

001.  To  this  division  is  assigned  the  duty  of  collecting 
the  balances  due  from  all  postmasters,  late  postmasters, 
and  contractors,  and  of  paying  any  balances  found  due  to 
late  and  present  postmasters.  It  is  charged  with  the  ad- 
justment and  final  settlement  of  postal  accounts.  The  par- 
ticular duties  in  this  regard  are  to  examine  postal  and  con- 
tractors' accounts  carefully,  and  explain  by  letter,  when 


THE  SIXTH  AUBITOR.  255 

necessary,  the  correctness  of  balances  due  thereon,  and  to 
submit  for  suit  or  criminal  proceedings  accounts  of  de- 
faulting officers  and  contractors ;  also  to  issue  drafts  upon 
postmasters  and  contractors  for  balances  which  are  required 
to  be  paid,  and  to  notify  the  Post  Office  Department  of 
balances  due  to  late  postmasters ;  also  to  compare  with 
the  ledgers  all  accounts  of  late  postmasters,  and  to  close 
as  "uncollectible"  or  by  " suspense "  all  accounts  so  desig- 
nated ;  also  to  prepare  for  suit  all  cases  of  defaulting  post- 
masters and  contractors,  by  proper  transcript  of  accounts, 
and  certified  copies  of  official  bonds  and  other  papers  to 
be  used  in  evidence. 

VI.  The  Foreign  Mail  Division. 

66^.  This  division  has  charge  of  the  postal  accounts 
with  foreign  governments,  and  the  accounts  with  steamship 
companies  for  ocean  transportation  of  the  mails. 

VIL  The  Pay  Division. 

^63.  This  division  makes  collections  quarterly,  from  all 
collection  post  offices  on  the  line  of  mail  routes,  of  bal- 
ances due  the  United  States,  and  adjusts  and  reports  for 
payment  all  accounts  for  the  transportation  of  the  mails 
by  ocean  steamers,  railroads,  steamboats,  mail  messengers, 
mail  carriers,  or  other  mode  of  conveyance;  also  the  ac- 
counts of  superintendents  and  assistant  superintendents  of 
the  railroad  postal  service,  railway  postal  clerks,  route 
agents,  mail-route  messengers,  and  local  agents ;  also  all 
accounts  arising  under  appropriations  for  prevention  and 
detection  of  mail  depredations,  and  for  special  agents ;  for 
the  free-delivery  system  ;  for  postage  stamps,  postal  cards, 
and  envelopes;  for  postmarking  and  cancelling  stamps; 
for  post-route  maps,  wrapping  paper,  twine,  mail-bags,  mail- 
locks,  engraving  and  printing  drafts  and  warrants ;  for  ad- 


266  THE  EXECUTIVE   DEPARTMENTS. 

vertising ;  for  fees  of  United  States  attorneys,  marshals,  and 
clerks  of  court  in  postal  suits,  &c. 

664.  All  orders  issued  by  the  Postmaster  -  General 
through  the  contract  office,  originating  new  accounts  or 
affecting  old  ones,  are  examined  and  verified  in  this  divis- 
ion. 

66^.  The  accoimts  of  failing  bidders  and  contractors 
are  stated  in  this  division,  for  collection  by  suit  or  other- 
wise. 

666.  This  division  has  also  the  passing  and  registering 
of  all  drafts,  and  the  passing  of  all  warrants  for  the  pay- 
ment of  accounts ;  also  the  custody  of  the  archives  of  the 
office. 

VIII.  The  Money-Order  Division. 

667.  This  division  is  charged  with  the  duty  of  receiv- 
ing, examining,  registering,  adjusting,  and  settling  all  ac- 
counts pertaining  to  the  money-order  business.  The  law 
requires  that  the  accounts  of  this  business  shall  be  kept 
separately  from  all  other  postal  transactions,  so  as  to  show 
the  number  and  amount  of  money  orders  issued  at  each 
office,  the  number  and  amount  paid,  the  amount  of  fees 
received,  and  all  the  expenses  of  the  money-order  business. 

The  weekly  money-order  statements  of  postmasters  are 
here  carefully  examined ;  the  paid,  repaid,  and  unissued 
orders  are  checked  by  reference  to  the  money  orders  them- 
selves, which  are  received  in  this  division  from  the  numer- 
ous paying  offices,  and  assorted  according  to  their  particu- 
lar office  and  their  serial  numbers.  Quarterly  statements 
are  made  of  the  accounts  of  the  different  money -order 
offices,  showing  the  transactions  each  week  in  orders  issued 
and  paid. 

668.  In  this  division  the  money  orders  received  from 
the  numerous  offices  in  immense  numbers  are  critically 


THE   SIXTH   AUDITOR.  257 

examined  and  checked  off.  This  examination  is  required 
in  order  to  detect  and  note  errors.  It  involves  a  careful 
comparison  of  each  order  with  the  weekly  statement  of  the 
proper  postmaster,  to  see  if  the  number,  value,  stamp  of 
issuing  office,  and  signature  on  each  order  coiTCspond  with 
the  entry  of  such  order  in  the  statement,  and  that  the  date 
of  payment  is  properly  stamped  upon  each  order ;  also  the 
throwing  out  all  orders  requiring  the  stamp  of  issue,  stamp 
of  payment,  all  having  incorrect  signatures,  more  than  one 
indorsement,  signatures  by  mark  unwitnessed,  and  kindred 
defects  constituting  irregularities,  frauds,  violation  of  or 
non-compliance  with  the  law  and  regulations. 

669.  In  this  division  also  the  numerous  orders  are 
assorted  by  States  and  Territories,  by  money-order  offices, 
and  by  serial  numbers.  A  register  is  kept  of  the  remit- 
tances and  transfers  made  to  postmasters  for  the  payment 
of  money-order  funds,  and  of  the  deposits  made  by  post- 
masters in  charge  of  money-order  offices,  and,  in  fact,  all 
of  the  vast  details  necessary  to  a  proper  accountability  for 
money-order  funds  intrusted  to  those  officers,  and  for  the 
fees  received  by  them,  devolve  upon  this  division. 
17 


258  THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  XVI. 

THE  REGISTER   OF   THE   TREASURY. 

670.  The  duties  of  this  officer,  as  defined  by  law,  are 
to  keep  all  accounts  of  the  receipts  and  expenditures  of 
the  public  money,  and  of  all  debts  to  or  from  the  United 
States. 

671.  To  receive  from  the  First  Comptroller  and  Com- 
missioner of  Customs  the  accounts  which  shall  have  been 
finally  adjusted,  and  to  preserve  such  accounts,  with  their 
vouchers  and  certificates. 

67S.  To  record  all  warrants  for  the  receipt  or  payment 
of  moneys  at  the  Treasury,  and  to  certify  the  same  thereon, 
except  those  drawn  by  the  Postmaster-General,  and  those 
by  the  Secretary  of  the  Treasury  upoii  the  requisitions  of 
the  Secretaries  of  War  and  of  the  Navy. 

673.  To  transmit  to  the  Secretary  of  the  Treasury 
copies  of  the  certificates  of  balances  of  accounts  adjusted. 

674.  To  fui'nish  to  the  proper  accounting  officers  copies 
of  all  warrants  covering  proceeds  of  Grovernment  property, 
where  the  same  may  be  necessary  in  the  settlement  of  ac- 
counts in  theu-  respective  offices.     (R.  S.,  §  313.) 

670.  Upon  a  transcript  from  the  books  and  proceed- 
ings of  the  Treasury  Department  showing  a  balance  due 
the  United  States,  in  case  of  the  delinquency  of  a  revenue 
officer  or  other  person  accountable  for  public  money,  cer- 
tified by  the  Register  and  authenticated  by  the  seal  of  the 
Treasury  Department,  a  court  trying  the  cause  is  required 
to  grant  judgment  and  award  execution.  And  the  Regis- 
ter's certificate  to  copies  of  bonds,  contracts,  and  other 


THE  REGISTER   OF  THE  TREASURY.  259 

papers  relating  to  the  settlement  of  any  accotint  between 
the  United  States  and  an  individual,  entitles  such  copies, 
when  annexed  to  the  transcript,  to  equal  validity,  as  evi- 
dence in  court,  with  the  originals.    (R.  S.,  §  886.) 

676.  It  is  the  duty  of  the  Register  to  cancel  certificates 
of  the  registry  of  vessels,  when  such  certificates  are  deliv- 
ered to  him,  as  required  by  law,  on  the  sale,  transfer,  or 
alteration  of  the  vessel.     (R.  S.,  §  4170.) 

677'.  Also  when  a  certificate  of  registry  has  been  sur- 
rendered to  the  collector  of  the  port  and  transmitted  to  the 
Register,  because  of  the  loss,  destruction,  captm'e,  or  trans- 
fer to  a  foreigner  of  the  vessel.     (R.  S.,  §  4174.) 

078.  The  Register  receives  from  the  collectors  of  the 
several  ports  copies  of  all  certificates  of  registry  of  vessels 
granted  by  them  ;  also  duplicates  of  all  entries  on  the  col- 
lector's records  showing  a  change  in  the  master  or  name  of 
a  vessel.     (R.  S.,  §§  4176,  4183.) 

The  Office  of  the  Register  of  the  Treasury. 

679.  In  addition  to  the  head  of  the  office,  before  re- 
ferred to,  the  statutes  make  provision  for  an  Assistant 
Register  of  the  Treasury,  who  is  required  to  perform  such 
duties  as  may  be  assigned  him  by  the  Register,  and  in  the 
absence  of  the  latter  to  act  in  his  stead.  (R.  S.,  §§  314, 
315.) 

680.  Any  official  record,  certificate,  or  other  document* 
excepting  warrants,  bonds,  and  drafts,  signed  by  the  Assist- 
ant Register,  has  the  same  effect  in  law  as  if  signed  by  the: 
Register.     (R.  S.,  §  315.) 

681.  This  office  is  also*  provided  with  five  heads  of 
divisions,  and  a  force  of  alerks  distributed  to  each.     * 

The  divisions  into  which  the  Register's  office  has  heea 
organized  are  as  follow : 

1.  Division  of  Receipts  and  Expenditures. 


260  THE   EXECUTIVE   DEPARTMENTS, 

2.  Loan  Division. 

3.  Note  and  Coupon  Division. 

4.  Note  and  Fractional  Currency  Division. 

5.  Tonnage  Division. 

I.  Division  of  Keceipts  and  Expenditures. 

682.  In  this  division  all  warrants  are  registered  which 
are  issued  by  the  Secretary  of  the  Treasury  for  the  pay- 
ment of  civil,  diplomatic,  miscellaneous,  internal  revenue, 
and  public  -  debt  expenditures  and  repayments ;  also  for 
payments  and  repayments  of  War,  Navy,  Pension,  and  In- 
dian expenditures  ;  also  all  warrants  so  issued  for  covering 
into  the  Treasury  receipts  of  moneys  from  customs,  lands, 
internal  revenue,  direct  taxes,  and  miscellaneous  sources. 

683.  This  division  also  registers  all  drafts  drawn  by 
the  Treasurer  of  the  United  States  in  payment  of  warrants 
issued  by  the  Secretary  for  expenditures. 

684.  This  division  also  makes  entry  of  all  accounts 
received  after  final  adjustment  from  the  accounting  officers 
relating  to  civil,  diplomatic,  internal  revenue,  miscellane- 
ous, and  public-debt  receipts  and  expenditures. 

68^.  This  division  also  furnishes  to  the  Secretary  of 
the  Treasury  certificates  of  balances  of  accounts  adjusted 
by  the  accounting  officers  and  put  on  fik  in  the  Register's 
office, 

686.  It  also  furnishes  for  the  finance  report  of  the  Sec- 
retary of  the  Treasury  the  itemized  report  of  the  receipts 
and  expenditures  of  the  Grovernment  for  each  fiscal  year. 

It  also  has  charge  of  the  arrangement  of  the  files  of  the 
office. 

II.  The  Loan  Division. 

687.  This  division  has  charge  of  the  books  containing 
the  accounts  of  bonds  issued  and  the  accounts  kept  with 


THE   REGISTER   OF   THE   TREASURY.  261 

parties  owning  registered  bonds.  It  has  charge  also  of  the 
issue  and  entry  of  all  United  States  bonds. 

G88.  It  also  makes  up  the  quarterly  and  annual  sched- 
ules of  persons  holding  registered  bonds  to  whom  interest 
is  due.  These  schedules,  at  the  times  of  the  quarterly  or 
semi-annual  payments  of  interest  on  the  bonded  debt,  are 
placed  in  the  hands  of  the  Treasurer,  or  Assistant  Treas- 
urers, or  depositaries  at  the  places  where  the  interest  is 
payable  ;  and  persons  entitled  to  payment  of  the  amounts 
stated  thereon  against  their  names  receive  their  interest  on 
call,  upon  being  properly  identified. 

089.  As  is  generally  well  understood,  the  bonds  of  the 
United  States  are  divided  into  coupon  and  registered  bonds, 
the  distinction  being,  that  coupon  bonds  are  transferable 
from  hand  to  hand  by  delivery  and  are  payable  to  the 
bearer,  while  registered  bonds  are  made  payable  to  the 
person  whose  name  is  inserted  in  the  body  of  the  bond, 
and  are  only  transferable  by  an  assignment  on  the  back 
and  by  an  entry  of  transfer  on  the  books  of  the  Register  of 
the  Treasury.  In  other  words,  the  owners  of  coupon  bonds 
are  only  knownby  their  possession  of  the  bonds,  while  the 
holders  of  the  registered  bonds  are  known  by  the  register 
of  their  names  on  the  books  of  the  department. 

690.  It  is  among  the  duties  of  the  Loan  Division  of  the 
Register's  office  to  transfer,  on  proper  authority,  the  owner- 
ship of  the  registered  bonds  from  one  person  to  another, 
by  making  the  proper  entries  on  the  books  and  by  issuing 
a  new  bond,  on  the  surrender  of  the  old  one,  in  the  n^me 
of  the  transferee.  In  order  to  effect  this  transfer  there  is  a 
blank  form  of  assignment  on  the  back  of  the  bond,  which 
should  be  filled  in  with  the  name  of  the  assignee  and  prop- 
erly signed  and  acknowledged  before  competent  authority 
by  the  assignor.  The  new  holder  of  the  bond  should  now 
send  it  to  the  Register  of  the  Treasury,  with  a  letter  giving 


262  THE  EXECUTIVE  DEPARTMENTS. 

explicit  directions  as  to  the  denomination  of  the  certificate 
or  certificates  he  desires  to  be  issued  to  him  in  exchange, 
his  full  name  to  which  he  desires  the  transfer  made  on  the 
books,  and  indicating  the  United  States  depositary  by  whom 
he  desires  the  interest  paid. 

091.  Upon  the  receipt  of  such  bond  and  directions  it 
becomes  the  duty  of  the  Loan  Division  to  cancel  such  bond 
and  to  issue  a  new  one  of  the  same  loan  or  series  in  the 
name  of  the  assignee,  and  at  the  same  time  to  place  the 
name  of  the  latter  on  the  books,  the  name  of  the  former 
holder  being  cancelled.  Upon  this  being  done  the  new 
bond  is  transmitted  to  the  owner  according  to  the  directions 
previously  given  by  him. 

60^.  This  division  also,  among  its  other  duties,  converts 
coupon  bonds,  when  desired,  into  registered  bonds  of  the 
same  issue  or  series.  In  order  to  effect  this  the  owner 
should  send  his  bond  to  the  Secretary  of  the  Treasury,  with 
directions  explicitly  as  in  the  case  of  a  desired  transfer,  as 
mentioned  above.  The  coupon  bond  is  cancelled  in  this 
division,  and  a  registered  bond  is  issued  in  the  narne  .of  the 
party  who  desires  the  conversion,  and  the  name  is  placed 
in  the  books  in  like  manner. 

III.  The  Note  and  Coupon  Division. 

003.  This  division  is  charged  with  the  assorting,  arrang- 
ing, counting,  and  registering  of  interest-bearing  Treasury 
notes,  and  coupons  of  interest-bearing  bonds  which  have 
been  paid  by  the  Treasurer  and  Assistant  Treasurers  of  the 
United  States.  In  addition  to  this,  all  redeemed  and  ex- 
changed bonds  are  examined,  registered,  and  filed  by  this 
division. 

004.  The  notes  which  have  been  redeemed  are  received 
in  the  Treasurer's  office,  where  they  are  carefully  counted, 
cut  in  halves,  and  tied  in  packages  properly  marked.    The 


THE   EEGISTER   OF   THE   TREASURY.  268 

upper  halves  are  sent  to  the  Loan  Division  of  the  Register's 
office,  while  the  lower  halves  go  to  the  Loan  branch  of  the 
office  of  the  Secretary  of  the  Treasury.  In  the  Register's 
Loan  Division  the  upper  halves  are  carefully  counted  and 
arranged  according  to  their  letters  A,  B,  C,  D,  and  again 
counted  in  their  respective  letters ;  then  arranged  numeri- 
cally, each  note  according  to  its  number  and  denomination  ; 
after  which  they  are  registered  and  then  delivered  to  a 
committee  which  is  generally  composed,  by  appointment 
of  the  Secretary  of  the  Treasury,  of  a  member  from  each 
of  several  bureaus, — it  may  be  from  the  offices  of  the  Sec- 
retary, the  Register,  and  the  Treasurer,  or  from  two  of  these 
offices,  with  the  addition  of  a  gentleman  not  in  the  employ- 
ment of  the  Government.  This  committee  makes  a  final 
examination  previous  to  the  entire  destruction  of  the  mass 
intrusted  to  it. 

00^.  This  division  receives  also  cancelled  seven-thirty 
notes,  which  are  arranged  according  to  their  series  and 
denominations ;  then  according  to  their  numbers ;  then 
counted,  and  entered  upon  the  records  of  the  office  accord- 
ing to  their  series,  numbers,  and  denominations.  After 
this  they  a,re  deposited  in  the  files  room. 

^96.  This  division  also  receives  the  paid  coupons  of 
United  States  bonds,  which  are  first  assorted  with  regard 
to  their  respective  loans,  series,  and  denominations.  Af- 
ter this  they  are  carefully  counted,  in  order  to  verify  the 
schedule  which  accompanies  them  ;  then  they  are  arranged 
numerically,  recounted,  and  entered  upon  the  record  ac- 
cording to  their  numbers,  denominations,  series,  and  loans, 
and  then  deposited  on  file  in  the  files  room  of  the  office. 

097.  The  redeemed  and  exchanged  bonds,  having  been 
previously  cancelled,  are  received  by  this  division  from  the 
Loan  Division  of  the  Register's  office,  and  are  arranged, 
counted,  and  registered.     Their  registration  is  compared 


264  THE  EXECUTIVE  DEPARTMENTS. 

with  the  records  of  th^  Loan  branch  of  the  Secretary's  and 
Kegister  s  offices,  and  if  found  correct-the  bonds  are  deliv- 
ered to  a  committee,  representing  the  offices  of  the  Secre- 
tary, Treasurer,  and  Register,  for  destruction.  Schedules 
containing  a  complete  description  of  each  security  are ' 
made  out  in  duplicate,  one  of  which  is  delivered  to  the 
committee,  and  the  other  retained  in  the  Register's  office. 

698.  The  record  of  this  division  contains  the  evidence 
by  which  error,  mistake,  or  fraud  in  the  issue,  redemption, 
or  exchange  of  the  national  securities,  or  in  the  payment 
of  their  interest,  may  be  readily  detected ;  for  it  contains  a 
pertinent  description  of  each  bond  redeemed  or  exchanged, 
and  of  each  coupon  that  has  been  paid. 

IV.  The  ISToTE  and  Fractional  Currency  Division. 

699.  In  this  division  the  redeemed  fractional  currency, 
United  States  notes,  and  the  national-bank  notes  of  such 
banks  as  have  suspended  business  and  settled  their  accounts 
with  the  Treasurer  are  examined,  counted,  and  destroyed. 

■yOO.  The  process  is  somewhat  similar  to  that  in  the 
Note  and  Coupon  Division,  before  described,  as  regards 
interest-bearing  notes.  The  fractional  and  other  notes  are 
cut  in  halves  in  the  Treasurer's  office,  where  they  have 
been  redeemed  or  received  from  the  various  sub-Treas- 
uries. The  upper  halves  of  the  United  States  and  national- 
bank  notes,  and  the  right-hand  halves  of  the  fractional 
currency,  are  received  from  the  Treasurer's  office  by  this 
division,  the  remaining  halves  being  sent  to  the  Loan  and 
Currency  Division  of  the  Secretary's  office. 

701.  These  upper  and  right-hand  halves  are  carefully 
examined,  arranged,  counted,  and  put  up  in  packages  by 
this  division  of  the  Register* s  office. 

70^.  The  count  previously  made  and  scheduled  in  the 
Treasurer's  office  is  verified,  and  a  complete  record  is  made. 


THE   REGISTER   OF   THE   TREASURY.  265 

They,  together  with  the  remaining  halves  which  have  been 
arranged,  counted,  &c.,  in  the  Secretary's  office,  are  subse- 
quently destroyed,  by  maceration,  under  the  supervision  of 
a  committee  who  witness  the  process  and  certify  to  the 
result. 

703.  Besides  these  redeemed  notes  and  currency,  this 
division  receives  notes  and  securities  prepared  for  issue 
which  have  been  mutilated  or  defaced  in  the  process  of 
manufacture,  or  that  have  not  been  carried  into  the  cash 
account  of  the  Treasurer,  and  destroys  the  same,  under 
similar  checks  and  safeguards  as  those  before  described. 

V.  The  Tonnage  Division. 

704.  In  this  division  the  title  is  recorded  of  property 
in  ships  and  vessels  nationalized  by  the  United  States.  For 
this  purpose  all  reports  of  collectors  of  customs  of  the  reg- 
istry of  vessels  in  their  respective  districts,  together  with 
copies  of  the-  certificates  of  registry  granted,  are  received 
and  entered ;  also  all  reports  or  returns  showing  a  change 
of  name  of  vessels  or  of  their  masters.  It  receives  also  all 
statistical  information  from  the  numerous  ports  touching 
the  merchant  marine  of  the  country ;  all  information  re- 
garding the  vessels  engaged  in  foreign  trade,  coasting 
trade,  and  fisheries ;  concerning  all  steam  vessels,  sailing 
vessels,  &c.  ;•  also  as  to  vessels  built,  lost  at  sea,  abandoned, 
or  decayed.  This  and  other  information  is  reduced  to  tab- 
ular form  upon  the  records,  so  that  this  division  is  enabled 
to  show  the  total  tonnage  of  vessels  in  the  carrying  trade, 
distinguishing  between  the  foreign  and  coastwise  trade  and 
fisheries ;  also  the  increase  or  decrease  of  the  tonnage  of 
American  vessels. 


266  THE   EXECUTIVE  DEPARTMENTS. 


CHAPTER  XVn. 

THE  TREASURER  OF  THE  UNITED  STATES. 

70S.  The  office  of  Treasurer  of  the  United  States  orig- 
inated in  the  act  establishing  the  Treasury  Department, 
passed  September  2,  1789. 

T'OH.  The  general  duties  of  this  officer  are  to  receive 
and  keep  the  moneys  of  the  United  States,  and  to  disburse 
the  same  upon  warrants  drawn  by  the  Secretary  of  the 
Treasury,  countersigned  by  the  First  Comptroller  and  re- 
corded by  the  Register  of  the  Treasury.  In  the  perform- 
ance of  these  duties  he  is  required  to  take  receipts  for  all 
moneys  paid  by  him,  and  to  give  receipts  for  all  moneys 
received  by  him,  the  latter  to  be  indorsed  upon  warrants 
signed  by  the  Secretary  of  the  Treasury,  without  which  war- 
rant so  signed  no  acknowledgment  for  money  received  into 
the  public  treasury  can  be  valid.     (R.  S.,  §  305.) 

70T.  He  is  required  to  render  his  accounts  to  the  First 
Comptroller  quarterly,  or  oftener  if  required,  and  to  trans- 
mit copies  thereof  when  settled  to  the  Secretary  of  the 
Treasury ;  also  to  submit  at  any  time  the  moneys  in  his 
hands  to  the  Comptroller  or  the  Secretary  of  the  Treasury 
for  inspection.     (R.  S.,  §  305.) 

708,  At  the  termination  of  each  fiscal  year  all  moneys 
represented  by  certificates,  drafts,  or  checks  issued  by  the 
Treasurer,  or  any  disbursing  officer  of  the  Government  on 
the  Treasurer,  or  any  Assistant  Treasurer  or  designated  de- 
positary, to  facilitate  the  payment  of  warrants  or  the  liqui- 
dation of  debts  due  from  the  United  States,  which  warrants, 
(fee,  shall  be  represented  on  the  books  of  either  of  said 


TREASURER   OF   THE   UNITED   STATES.  267 

officers  as  standing  to  the  credit  of  any  disbursing  officer, 
and  shall  have  remained  for  three  years  or  more  outstand- 
ing, unsatisfied  and  unpaid,  are  required  to  be  deposited 
by  the  Treasurer,  to  be  covered  in  the  Treasury  by  war- 
rants, and  to  be  carried  to  the  credit  of  the  parties  in  whose 
favor  such  certificates,  drafts,  or  checks  were  respectively 
issued,  or  to  the  persons  who  are  entitled  to  receive  pay 
therefor,  and  into  an  appropriation  account  to  be  denom- 
inated "  outstanding  liabilities."     (R.  S.,  §  306.) 

709.  The  Treasurer  of  the  United  States,  as  well  as 
€ach  Assistant  Treasurer  and  designated  depositary,  is  re- 
quired, at  the  close  of  business  on  every  30th  day  of  June, 
to  report  to  the  Secretary  of  the  Treasury  the  condition  of 
every  account  of  disbursing  officers,  except  in  the  cases 
mentioned  in  the  section  preceding,  which  shall  have  re- 
mained unchanged,  or  which  shall  not  have  been  increased 
by  any  new  deposit,  nor  decreased  by  any  draft  thereon,  for 
the  space  of  three  years,  on  the  books  of  his  office  ;  also  to 
state  in  such  report  the  name  of  each  depositor,  with  his 
official  designation,  the  total  amount  on  deposit  to  his 
credit,  and  the  dates  respectively  of  the  last  credit  and  the 
last  debit  made  to  each  account.     (R.  S.,  §  310.) 

TIO.  The  Treasurer  is  required  to  lay  before  the  Senate 
and  House  of  Representatives,  on  the  third  day  of  each  ses- 
sion of  Congress,  fair  and  accurate  copies  of  all  accounts 
by  him  from  time  to  time  rendered  to  and  settled  by  the 
First  Comptroller;  also  a  true  and  perfect  account  of  the 
state  of  the  Treasury.     (R.  S.,  §  311.) 

711.  He  is  prohibited  by  law  from  being  concerned  or 
interested  in  carrying  on  the  business  of  trade  or  com- 
merce, or  in  any  sea  vessel  in  whole  or  in  part,  or  in  any 
public  lands  or  public  property,  or  in  the  purchase^  or  dis- 
posal of  any  public  secm-ities  of  any  State,  or  of  the  United 
States ;  also  from  taking  or  applying  to  his  own  use  any 


268  THE  EXECUTIVE  DEPARTMENTS. 

emolument  or  gain  for  negotiating  or  transacting  any  busi- 
ness in  the  Treasury  Department  other  than  the  law  allows. 
(R.  S.,  §  243.) 

71^.  All  public  moneys  paid  to  any  depositary  are  sub- 
ject to  the  draft  of  the  Treasurer,  drawn  agreeably  to  ap- 
propriations made  by  law.     (R.  S.,  §  3593.) 

713.  The  Treasurer,  besides  all  Assistant  Treasurers 
and  other  officers,  is  required  to  keep  safely,  without  loan- 
ing, using,  depositing  in  banks,  or  exchanging  for  other 
funds  than  as  specially  allowed  by  law,  all  the  public  mon- 
eys collected  by  him,  or  otherwise  at  any  time  placed  in  his 
possession  and  custody,  till  the  same  are  ordered,  by  the 
proper  department  or  officer,  to  be  transferred  or  paid  out ; 
and  when  such  orders  for  transfer  or  payment  are  received, 
to  faithfully  and  promptly  make  the  same  as  directed  ;  and 
to  do  and  perform  all  other  duties,  as  fiscal  agent  of  the 
Government,  which  may  be  imposed  by  any  law,  or  by  any 
regulation  of  the  Treasury  Department  made  in  conformity 
to  law.     (R.  S.,  §  3639.) 

714L.  When  the  circulating  notes  of  any  national  bank- 
ing association  are  presented  to  the  Treasurer  of  the  United 
States  for  redemption,  in  sums  of  one  thousand  dollars  or 
any  multiple  thereof,  that  officer  is  required  to  redeem  the 
same  in  United  States  notes.  It  is  his  duty  thereupon  to 
charge  such  redeemed  notes  to  jthe  respective  associations 
issuing  them,  and  to  notify  the  associations  severally  on 
the  first  of  each  month,  or  oftener  at  his  discretion,  of  the 
amount  of  such  redemption,  so  that  such  association  may 
deposit  with  him  a  sum  in  United  States  notes  equal  to  the 
amount  of  its  circulating  notes  so  redeemed.  He  is  also 
required  to  receive  all  worn,  defaced,  and  mutilated  na- 
tional-bank notes  from  Assistant  Treasurers  and  designated 
depositaries  for  redemption  as  aforesaid,  and  on  being  re- 
deemed to  forward  the  same  to  the  Comptroller  of  the 


TREASURER   OF   THE   UNITED   STATES.  269 

Currency  to  be  destroyed  as  provided  by  law,  and  that  new 
notes  may  be  supplied  by  that  officer  to  the  particular  bank 
of  issue  in  place  thereof. 

He  is  required  to  forward  the  redeemed  notes  fit  for  use, 
when  the  redemption  has  been  reimbursed,  to  the  respective 
banks  by  which  they  were  issued.  (Act  June  20,  1874, 
Stats.  18,  p.  125.) 

71^.  It  is  made  his  dut^,  as  well  as  of  the  Assistant 
Treasurers  and  depositaries,  to  assort  for  redemption  the 
notes  of  such  national  banks  which,  according  to  notice 
received  from  the  Comptroller  of  the  Currency,  have  failed 
or  gone  into  voluntary  liquidation.     (Id.) 

716.  The  Treasurer  of  the  United  States  is  made  by  law 
the  custodian  of  all  stock,  bonds,  or  other  securities  or  evi- 
dences of  indebtedness  recently  held  by  the  Secretary  of 
the  Interior  in  trust  for  the  benefit  of  certain  Indian  tribes. 
Accordingly,  it  devolves  upon  him  to  collect  all  interest 
falling  due  on  the  same,  to  deposit  such  interest  in  the 
Treasury,  and  to  issue  certificates  of  deposit  therefor  in 
favor  of  the  Secretary  of  the  Interior,  as  trustee  of  various 
Indian  tribes.  He  is  also  made  the  custodian  of  all  bonds 
and  stock  which  may  be  purchased  for  the  benefit  of  any 
Indian  tribe  or  tribes ;  and  he  is  empowered  to  purchase 
and  sell  bonds  and  stocks  authorized  by  treaty  stipulations 
or  by  acts  of  Congress,  when  requested  so  to  do  by  the 
Secretary  of  the  Interior.  (Act  June  10,  1876,  Stats.  19, 
p.  58.) 

717,  For  the  office  of  the  Treasurer  of  the  United 
States  there  are  provided,  as  his  principal  subordinates,  the 
following,  viz.: 

1.  An  Assistant  Treasurer. 

2,  A  Cashier. 

S.  An  Assistant  Cashier. 
4.  A  Chief  Clerk. 


270  TttE  EXECUTIVE  DEPARTMENTS. 

5.  Five  Chiefs  of  Divisions. 

6.  Two  Tellers. 

7.  Two  Assistant  Tellers. 

8.  One  Principal  Book-keeper. 

9.  One  Assistant  Principal  Book-keeper. 

There  is  also  provided  a  National  Currency  Redemption 
Division,  with  a  head  denominated  Superintendent,  two 
principal  tellers,  and  a  principal  book-keeper  ;  also  a  Loan 
Division,  with  its  separate  force  of  clerks  of  the  several 
classes. 

718.  The  Assistant  Treasurer  may,  with  the  consent  of 
the  Secretary  of  the  Treasury,  be  designated  by  the  Treas- 
itfer  to  act  in  the  place  of  and  discharge  all  the  duties  of 
the  Treasurer  of  the  United  States.     (R.  S.,  §  304.) 

I.  The  Cashier. 

710.  This  officer  has  charge  of  that  branch  of  the 
Treasurer's  office  which  receives  moneys  deposited  on  ac- 
count of  the  United  States,  those  placed  ■  to  the  credit  of 
disbursing  officers  of  the  Government,  funds  deposited  on 
account  of  the  Post  Office  Department,  the  District  of 
Columbia,  and  the  Freedmen's  Savings  and  Trust  Com- 
pany. Disbursing  officers  are  required  by  law  to  deposit 
all  public  moneys  intrusted  to  them  for  disbursement 
with  the  Treasurer  or  some  Assistant  Treasurer  of  the 
United  States,  and  to  draw  for  the  same  only  as  it  may  be 
required  for  payments  to  be  made  by  them  in  pursuance 
of  law.  In  places  where  there  is  no  Treasurer  or  Assistant, 
the  Secretary  of  the  Treasury  may  authorize  such  funds  to 
be  kept  in  some  other  manner.  Accordingly,  those  dis- 
bursing officers  who  deposit  with  the  Treasurer  at  Wash- 
ington have  their  individual  deposit  accounts  with  him  as 
with  a  bank,  upon  whom  they  draw  their  individual  checks 
as  disbursing  officer.     These  checks  are  paid  in  the  Cash- 


TREASUKER   OF   THE  UNITED   STATES.  271 

ieir's  Division,  or  cash  room  of  the  Treasury,  as  it  is  popu- 
larly known.  The  Cashier  also  pays  Treasury  drafts  and 
Postmaster -General's  warrants  made  payable  at  Wash- 
ington ;  also  checks  drawn  by  the  Commissioners  of  the 
District  of  Columbia  and  by  the  Commissioners  of  the 
Freedmen's  Savings  and  Trust  Company,  both  of  these 
institutions  being  obliged  by  law  to  keep  their  funds  on 
deposit  with  the  Treasiurer  of  the  United  States.  He  also 
pays  such  interest  on  the  public  debt  as  is  payable  at  Wash- 
ington, and  redeems  old  demand  five  per  cent,  and  com- 
pound interest  notes.  He  forwards  by  express  moneys  in 
payment  of  United  States  fractional  currency  and  national- 
bank  notes  which  have  been  redeemed  or  cancelled.  He 
receives,  counts,  and  redeems  minor  coins,  keeps  the  gen- 
eral account  of  the  issues  and  redemptions  of  coin  and 
currency  certificates,  the  account  of  the  deposits  and  de- 
structions of  notes  of  national  banks  which  have  failed, 
gone  into  liquidation,  or  have  reduced  their  circulation. 
He  receives  and  receipts  for  United  States  notes  held  in 
reserve,  prepares  checks  for  the  transfers  of  funds  from 
one  depositary  to  another,  examines  and  settles  the  Treas- 
urer's transfer  accounts  with  the  Assistant  Treasurers,  and 
makes  up  the  pass-books  of  disbursing  officers  having  de- 
posit accounts  with  the  Treasurer.  In  these  duties  he  has 
the  assistance  of  the  Assistant  Cashier,  the  two  Tellers,  two 
Assistant  Tellers,  and  the  several  clerks  detailed,  all  con- 
stituting the  Cashier's  Division. 

11.  "Tfiffi  Chief  Clerk. 

7^0.  This  officer's  general  duties  are  of  a  supervisory 
character.  He  attends  to  the  routine  of  the  business  of 
the  office  and  the  conduct  and  labors  of  the  other  clerks* 
His  special  duty  is  to  receive,  record,  and  distribute  the 
mail,  to  distribute  the  business  of  the  office  to  the  several 


272  TH^  EXECUTIVE   DEPAETMENTS. 

divisions,  and  to  keep  the  files  and  records.  He  has  charge 
of  the  pay-rolls  and  record  of  the  employees,  and  of  the 
disbursement  of  their  monthly  pay. 

This  office  is  further  organized  by  the  establishment  of 
the  following  divisions,  to  which  are  distributed  the  clerks 
assigned  by  law  to  the  bureau  : 

1.  The  Division  of  Issues. 

2.  The  Redemption  Division. 

3.  The  Division  of  Accounts. 

4.  The  Division  of  Loans. 

5.  The  Division  of  National  Banks. 

6.  The  National  Bank  "Redemption  Agency, 

I.  The  Division  of  Issues. 

7^1.  This  division  receives  from  the  Bureau  of  Engrav- 
ing and  Printing,  and  counts  and  seals  preparatory  to  use 
by  the  Cashier  or  to  shipment  by  express,  United  States 
legal-tender  notes  for  the  reserve  fund  kept  on  hand  by 
the  Treasury  in  order  to  replace  defaced  and  mutilated 
notes  of  the  same  character  which  are  from  time  to  time 
redeemed  and  retired  from  circulation.  The  division  also 
receives  from  that  bureau,  for  use  as  required,  United 
States  gold  notes  and  currency  certificates  of  deposit.  It 
also  counts  and  examines  moneys  deposited  by  Government 
officers  and  received  by  express  as  a  transfer  of  funds  from 
United  States  Assistant  Treasurers  and  United  States  de- 
positaries. It  counts  and  puts  up  silver  and  minor  coins 
in  convenient  packages  for  disbursement  in  the  cash  room. 
It  also  counts,  assorts,  cancels,  and  delivers  for  destruction, 
to  the  Comptroller  of  the  Currency,  notes  of  national  banks 
which  have  failed  in  business,  gone  into  liquidation,  or  have 
reduced  their  circulation. 


TREASURER  OF  THE  UNITED   STATES.  273 


II.  The  Kedemption  Division. 

722,  This  division  receives,  counts,  and  prepares  for 
destruction  United  States  notes  and  fractional  currency, 
mutilated,  defaced,  or  otherwise  unfit  for  circulation. 
These  are  carefully  put  together  after  being  assorted  and 
cut  in  halves.  The  packages  containing  one  set  of  halves 
are  sent  to  the  proper  divisions  of  the  Register's  office  of 
the  Treasury,  and  the  other  packages  containing  the  re- 
maining halves  to  corresponding  divisions  of  the  Secretary's 
office.  This  process  is  more  particularly  described  in  treat- 
ing of  these  divisions  of  those  offices.  Thus,  each  of  these 
divisions  is  a  check  upon  the  count  made  in  the  Treasurer's 
office,  as  well  as  upon  each  other,  and  the  possibility  of 
loss  to  the  Government  through  either  fraud  or  negligence 
is  reduced  to  a  minimum. 

This  division  also  records  the  redemption  of  certificates 
of  indebtedness,  the  one  and  two  year  five  per  cent,  notes, 
the  five  per  cent,  coupon  notes  of  1863,  and  the  compound- 
interest  notes. 

III.  The  Division  of  Accounts. 

793.  This  division  keeps  the  General  Treasury  coin 
and  currency  accounts  of  all  moneys  received  and  paid  by 
the  United  States ;  receives  all  warrants  of  the  Secretary 
of  the  Treasury  for  the  payment  or  receipt  of  money ;  is- 
sues and  delivers  drafts  on  the  pay  warrants,  and  covers  in 
the  Treasury  all  receipts  as  represented  by  the  covering-in 
warrants.  It  transfers  funds  to  or  from  the  Treasury,  sub- 
Treasuries,  and  national -bank  depositaries,  as  public  con- 
venience or  safety  may  require  ;  keeps  an  account  of  the 
issue  and  redemption  of  United  States  notes,  coin  certifi- 
cates, cmrency  certificates,  bonds,  and  other  securities, 
fractional  currency,  silver  coin,  and  minor  coins ;  keeps  an 
18 


274  THE  EXECUTIVE   DEPARTMENTS. 

account  of  and  transfers  money  to  or  from  the  bullion  fund 
df  the  mmts.  It  receives  back  all  drafts  that  have  been 
paid  upon  proper  indorsement ;  makes  up  and  renders  to 
the  First  Auditor  the  Treasurer's  quarterly  account,  and 
furnishes  copies  of  the  same  for  both  Houses  of  Congress. 
It  keeps  an  account  of  all  moneys  received  and  paid  for 
the  service  of  the  Post  Office  Department,  issues  all  drafts 
for  the  payment  of  money  on  that  account,  and  makes  up 
and  renders  a  quarterly  account  of  the  same  to  the  Sixth 
Auditor,  copies  of  which  are  also  rendered  to  both  Houses 
of  Congress.  It  receives  reports  weekly  from  the  Treasury, 
sub-Treasuries,  and  national-bank  depositaries  of  balances 
to  the  credit  of  all  United  States  officers  and  agents,  for 
comparison  with  statements  made  by  such  officers  and  for- 
warded for  that  purpose  by  their  several  departments; 
makes  a  daily  cash  report  to  the  Secretary  of  the  Treasury, 
and  disposes  of  all  business  pertaining  to  the  cash  accounts 
of  the  General  Treasury. 

IV.  The  Division  of  Loans. 

T34:.  This  division  draws  quarterly  checks  in  payment 
of  interest  on  registered  United  States  bonds  of  the  funded 
loan  of  1881  and  1891,  also  on  the  four  per  cent,  consols 
of  1907,  and  transmits  such  checks  by  mail  or  otherwise  to 
the  payees.  It  also  draws  checks  in  payment  of  interest 
on  registered  stock  of  the  3-65  fifty-year  loan  of  the  Dis- 
trict of  Columbia.  It  computes  interest  and  draws  checks 
in  redemption  of  called  bonds.  It  receives,  counts,  and 
schedules  by  loans,  denomination,  and  dates  all  paid  cou- 
pons of  United  States  bonds,  and  receives,  counts,  and 
makes  a  record  of  redeemed  coin  and  currency  certificates. 

V.  The  Division  of  N^ATioNAii  Banks. 

72S.  This  division  has  the  custody  of  United  States 
bonds  held  on  deposit  by  the  Treasurer,  as  provided  by 


REDEMPTION   OF  NATIONAL   BANK  NOTES.  275 

law,  to  secure  the  circulation  of  the  national  banks.  It 
has  custody  of  similar  bonds  depoSlted  by  such  of  these 
banks  as  are  designated  depositaries  to  secure  the  public 
moneys  which  they  are  entitled  to  receive  on  deposit.  It 
supervises  the  details  pertaining  to  the  deposit  and  with- 
drawal of  such  bonds.  It  collects  interest  on  the  coupon 
bonds  so  held  in  trust,  and  examines  jointly  with  bank  offi- 
cers or  agents  the  securities  so  deposited  and  held  in  trust, 
so  as  to  assure  such  banks  at  stated  periods  of  the  safety 
of  their  bonds. 

796*  This  division  also  collects  the  semi-annual  duty 
required  to  be  paid  by  national  banks  upon  their  average 
amounts  of  circulation,  deposits,  and  capital  stock,  and  to 
this  end  it  prepares  the  proper  blanks  and  collects  and 
examines  the  returns  made  on  the  same. 

7S7.  It  has  custody  of  the  Indian  trust-fund  bonds,  and 
on  these  it  also  collects  the  interest.  It  has  custody  also 
of  the  United  States  bonds  deposited  by  corporations  or 
common  carriers  in  lieu  of  personal  security  for  transpor- 
tation of  unappraised  dutiable  merchandise  and  of  dutiable 
goods  in  bond. 

VI.  The  National  Bank  Redemption  Agency. 

728.  This  division  is  under  the  charge  of  a  Superin- 
tendent, so  designated  by  law  for  the  purpose  of  giving 
effect  to  the  act  of  June  20,  1874,  entitled  "An  act  fixing 
the  amount  of  United  States  notes  and  providing  for  a  re- 
distribution of  the  national-bank  currency,"  &c. 

729.  The  duty  of  this  division  or  agency  is  to  receive 
all  national -bank  notes  presented  for  redemption  in  sums 
of  one  thousand  dollars  or  any  multiple  thereof,  and  to  re- 
deem the  same ;  to  assort  them  by  banks  of  issue,  to  for- 
ward the  notes  fit  for  circulation  to  the  banks  that  issued 
them,  and  to  deliver  the  notes  unfit  for  circulation  to  the 


276  THE   EXECUTIVE   DEPARTMENTS. 

Comptroller  of  the  Currency  for  destruction  and  replace- 
ment with  new  notes. ^  It  also  forwards  the  notes  of  banks 
which  have  failed,  also  notes  of  liquidating  and  reducing 
banks,  to  the  Cashier  of  the  United  States  Treasury.  It 
charges  the  amounts  of  notes  redeemed  to  the  account  of 
the  five  per  cent,  fund  which  the  act  of  June  20,  1874,  re- 
quires the  banking  associations  to  keep  on  deposit  in  the 
Treasury,  to  be  held  and  used  for  the  redemption  of  their 
circulation.  It  keeps  the  banks  advised  of  the  amounts  of 
their  notes  so  redeemed  and  of  the  sum  standing  to  their 
credit  in  the  five  per  cent,  account.  It  likewise  makes  the 
proper  assessment  upon  the  several  banks  after  the  close 
of  each  fiscal  year  for  their  respective  proportionate  share 
of  the  expense  of  the  transportation  and  assorting  of  their 
notes. 


COMMISSIONER   OP   INTERNAL   REVENUE.  277 


CHAPTER  XVIII. 

THE  COMMISSIONER   OF  INTERNAL   REVENUE. 

730.  The  office  of  Commissioner  of  Internal  Revenue 
was  established  as  a  bureau  of  the  Treasury  Department 
by  the  act  of  July  1,  1862,  with  a  head  called  the  Commis- 
sioner of  Internal  Revenue.  Subsequently,  Deputy  Com- 
missioners, as  his  assistants,  were  provided  for  to  the  num- 
ber of  three ;  but  these  have  been  reduced  by  successive 
legislation  to  one,  which  is  now  the  number  authorized. 
This  deputy  is  charged  with  such  duties  in  the  office  as  may 
be  prescribed  by  the  Secretary  of  the  Treasury,  and  he  is 
authorized  by  law  to  act  as  Commissioner  of  Internal  Rev- 
enue in  case  of  the  absence  of  that  officer. 

731.  There  is  also  in  this  office,  as  in  other  bureaus,  a 
Chief  Clerk ;  but  he  is  selected  by  the  Commissioner  from 
among  the  heads  of  divisions. 

73^.  The  statutes  provide  for  seven  heads  of  divisions ; 
also  for  a 

SoiiiciTOR  OF  Internal  Revenue. 

His  duties  relate  entirely  to  and  are  performed  in  this 
bureau,  although,  as  one  of  the  law  officers  of  the  Grovern- 
ment,  he  is  placed  by  law  under  the  supervision  of  the 
Attorney -GreneraL  He  is  actually  the  law  officer  and  law 
adviser  of  the  Commissioner  of  Internal  Revenue. 

The  only  duties  of  this  Solicitor  of  which  mention  is 
made  by  law  are  those  required  in  connection  with  the 
compromise  of  cases  arising  under  the  internal-revenue 
laws.    It  is  declared  in  section  3229  of  the  Revised  Stat- 


278  THE  EXECUTIVE  DEPARTMENTS. 

utes,  that  "  Whenever  a  compromise  is  made  by  the  Com- 
missioner in  any  such  a  case,  there  shall  be  placed  on  file 
in  the  office  of  the  Commissioner  the  opinion  of  the  Solic- 
itor of  Internal  Ee venue,  with  his  reasons  therefor." 

His  general  duties,  as  assigned  him,  are  to  consider  such 
questions  of  law  arising  in  the  administration  of  the  inter- 
nal-revenue system,  and  to  make  investigations  in  such 
cases,  as  are  referred  to  him  by  the  Commissioner. 

733.  The  office  of  Internal  Revenue  is  now  organized 
into  the  following-named  divisions  : 

Ip  The  Division  of  Law. 

2.  The  Division  of  Appointments,  &c. 

3.  The  Division  of  Accounts. 

4.  The  Division  of  Distilled  Spirits. 

5.  The  Division  of  Assessments. 

6.  The  Stamp  Division. 

7.  The  Division  of  Revenue  Agents. 

A  general  description  of  the  business  transacted  in  these 
divisions  will  be  found  immediately  after  the  following 
enumeration  of  the  duties  of  the  Commissioner  of  Internal 
Revenue. 

734.  The  Commissioner,  under  the  direction  of  the 
Secretary  of  the  Treasury,  is  invested  by  statute  with  the 
general  superintendence  of  the  assessment  and  collection 
of  all  internal-revenue  taxes,  embracing  the  preparation 
and  distribution  of  all  instructions,  regulations,  directions, 
forms,  blanks,  stamps,  and  other  matters  pertaining  to  such 
assessment  and  collection ;  the  providing  of  hydrometers, 
proper  and  sufficient  adhesive  stamps,  and  stamps  or  dies 
for  expressing  and  denoting  the  several  stamp  duties  or 
the  amoimt  of  percentage  duties,  and  the  alteration,  re- 
moval, and  replacing  of  such  stamps  from  time  to  time  as 
occasion  may  require.  He  is  authorized  also  to  contract 
for  or  procure  the  printing  of  requisite  forms,  decisions, 


COMMISSIONER   OF  INTERNAL   REVENUE.  279 

and  regulations,  in  case  the  Public  Printer  shall  be  unable 
to  perform  the  work ;  also,  under  such  regulations  as  the 
Secretary  of  the  Treasury  may  prescribe,  after  due  public 
notice,  to  receive  bids  and  make  contracts  for  supplying 
stationery,  blanks,  and  blank  books  to  the  collectors  in  the 
several  collection  districts.  He  is  required  to  estimate  in 
detail,  by  collection  districts,  the  expense  of  assessing  and 
collecting  the  internal  revenue,  and  to  submit  such  esti- 
mate to  Congress  at  the  commencement  of  each  regular 
session.     (R.  S.,  §§  321,  3671.) 

735.  He  is  authorized  to  prescribe  the  penalty  in  which 
the  official  bond  of  a  collector  of  internal  revenue  shall  be 
executed ;  also  the  conditions  of  the  bond  which  the  Sec- 
retary of  the  Treasury  may  direct  such  collector  to  execute 
in  order  to  renew,  strengthen,  or  increase  his  official  secu- 
rity.    (R.  S.,  §  3143.) 

736.  The  certificate  of  the  Commissioner  that  all  re- 
ports required  of  any  collector  by  law  or  regulations  have 
been  received,  or  that  a  satisfactory  explanation  has  been 
rendered  of  the  cause  of  delay,  is  requisite  to  the  payment 
of  money  to  such  collector  on  account  of  salary  or  commis- 
sions.    (R.  S.,  §  3147.) 

737.  He  is  required  to  prescribe  the  form  of  oath  to 
be  taken  by  an  inspector  of  tobacco  and  cigars,  and  the 
fees  to  be  paid  that  officer  by  the  owner  or  manufacturer 
of  the  articles  inspected.     (R.  S.,  §  3151.) 

738.  He  is  authorized,  when  in  his  judgment  the  serv- 
ice requires  it,  to  employ  competent  agents,  not  exceed- 
ing at  any  time  thirty-five  in  number,  to  be  paid  such  com- 
pensation as  he  may  deem  proper,  not  exceeding  in  the 
aggregate  any  appropriation  made  for  that  purpose  ;  and  he 
may  at  his  discretion  assign  any  such  agent  to  duty  under 
the  direction  of  any  officer  of  internal  revenue,  or  to  such 
other  special  duty  as  he  may  deem  necessary.  (Act  March 
1,  1879.) 


280  THE  EXECUTIVE   DEPARTMENTS. 

739.  He  is  authorized  to  prescribe  the  pay,  not  exceed- 
ing five  dollars  per  day,  of  internal-revenue  storekeepers 
appointed  by  the  Secretary  of  the  Treasury,  and  to  permit 
any  of  such  storekeepers  to  engage  in  other  business  while 
in  the  service  of  the  United  States ;  also  to  approve  the 
official  bonds  required  to  be  given  by  such  officers  for  the 
faithful  discharge  of  their  duties.  He  is  required  also  to 
assign  one  or  more  of  such  officers  to  each  bonded  or  dis- 
tillery warehouse  established  by  law,  and  he  may  transfer 
any  storekeeper  from  one  warehouse  to  another.  (R.  S., 
§§3153,3154.) 

74:0.  His  approval  of  the  official  bonds  of  such  inter- 
nal-revenue gaugers  as  the  Secretary  of  the  Treasiu-y  may 
appoint  is  required,  and  he  may  demand  the  renewal  or 
strengthening  of  any  of  such  bonds.  He  is  authorized  also 
to  prescribe  the  fees  of  such  officers,  to  be  determined  by 
the  quantity  of  liquors  gauged.     (R.  S.,  §§  3156,  3157.) 

74L1,  Upon  the  recommendation  of  the  Commissioner, 
supervisors  of  internal  revenue  are  assigned  by  the  Sec- 
retary of  the  Treasury  to  duty  in  any  part  of  the  United 
States,  and  are  transferred  from  place  to  place  according 
to  the  exigency  of  the  public  service.  The  Commissioner 
may  also  allow  and  certify  the  compensation  of  such  offi- 
cers, not  to  exceed  three  thousand  dollars  a  year.  (R.  S., 
§§  3159,  3160.) 

He  is  authorized  to  direct  such  supervisors  in  their  duties, 
in  order  that  all  laws  and  regulations  relating  to  the  collec- 
tion of  internal  taxes  shall  be  faithfully  complied  with. 
(R.  S.,  §  3163.) 

74L2,  He  may  specially  authorize  any  officer  of  internal 
revenue  to  seize  property  subject  by  law  to  seizure,  limit- 
ing such  authority  in  respect  of  time,  place,  and  kind  and 
class  of  property  as  he  may  deem  proper.     (R.  S.,  §  3166.) 

743.  When  a  collector  or  his  deputy  has  listed,  accord- 


COMMISSIONER   OF   INTERNAL   REVENUE.  281 

ing  to  the  best  information  he  can  obtain,  the  property  of 
a  person  who  has  refused  or  neglected  to  make  return 
according  to  law,  or  who  has  made  a  false  and  fraudulent 
return,  the  Commissioner  is  required  to  assess  the  tax  on 
such  property,  including  the  amount,  if  any,  due  for  spe- 
cial tax,  and  to  add,  in  case  of  a  return  of  a  false  or  fraud- 
ulent li^  or  valuation,  one  hundred  per  centum  to  such 
tax.  In  case  of  a  refusal  or  neglect,  except  by  reason  of 
sickness  or  absence,  to  make  a  list  or  return,  or  to  verify 
the  same,  he  is  required  to  add  fifty  per  centum  to  such 
tax.     (R.  S.,  §  3176.) 

74:4.  In  case  of  neglect  or  refusal  of  a  person  required 
to  make  returns  or  lists  of  objects  charged  with  an  inter- 
nal-revenue tax,  to  declare  therein  to  the  satisfaction  of  the 
collector  whether  the  several  rates  and  amounts  are  stated 
according  to  their  values  in  legal  tender  or  coined  money, 
the  Commissioner  of  Internal  Revenue  is  required  to  assess 
the  tax  thereon,  and  to  add  thereto  the  amount  of  penalties 
imposed  by  law  in  case  of  such  neglect  or  refusal.  (R.  S., 
§  3178.) 

745.  The  Commissioner  is  required  to  make  the  inqui- 
ries, determinations,  and  assessments  of  all  taxes  and  pen- 
alties imposed  by  the  internal-revenue  laws,  or  accruing 
under  former  laws,  where  such  taxes  have  not  been  duly 
paid  by  stamp  at  the  time  and  in  the  manner  provided  by 
law,  and  to  certify  a  list  of  such  assessments  when  made  to 
the  proper  collectors  respectively,  who  shall  proceed  to 
collect  the  same.  If  such  list  shall  be  found  to  be  incom- 
plete because  of  the  omission  of  the  name  of  any  person 
liable  to  tax,  or  because  of  any  false  statement  contained 
in  any  retiu-n  made  by  such  person,  the  Commissioner  may, 
within  fifteen  months  from  the  delivery  of  the  list  to  the 
collector,  enter  on  any  monthly  or  special  list  the  names  of 
such  persons  so  omitted,  and  also  the  amount  of  tax  for 


282  THE  EXECUTIVE  DEPARTMENTS. 

which  they  are  liable,  and  certify  and  return  such  list  to 
the  collector  in  the  manner  required  by  law.  (R.  S.,  § 
3182.) 

746.  The  Commissioner  of  Internal  Revenue  is  required 
to  determine  by  regulation  the  fees  and  charges  to  be  al- 
lowed in  all  cases  of  distraint  and  other  seizures,  and  he  is 
empowered  to  determine  whether  any  expense  incurred  in 
making  any  distraint  or  seizure  was  necessary.  (R.  S.,  § 
8206.) 

747.  When  it  has  become  necessary  to  seize  and  sell 
real  estate  to  satisfy  a  tax,  the  Commissioner  is  authorized 
to  direct  a  bill  in  chancery  to  be  filed  in  a  District  or  Cir- 
cuit Court  of  the  United  States  to  enforce  the  lien  of  the 
United  States.    (R.  S.,  §  3207.) 

748.  The  Commissioner  is  invested  with  the  charge  of 
all  real  estate  assigned,  set  oif,  or  conveyed,  by  purchase  or 
otherwise,  to  the  United  States,  in  payment  of  debts  arising 
under  internal-revenue  laws,  or  which  has  become  the  prop- 
erty of  the  United  States  by  forfeiture  under  those  laws,  and 
of  all  trusts  or  security  created  for  the  use  of  the  United 
States  in  payment  of  such  debts.  With  the  approval  of  the 
Secretary  of  the  Treasury,  he  may  sell  and  dispose  of  such 
lands  at  public  vendue,  at  not  less  than  twenty  days'  notice. 
And  he  may,  with  the  like  approval,  lease  real  estate  so 
acquired,  until  such  sale,  on  such  terms  and  for  such  period 
as  he  may  deem  expedient.  He  may  also,  in  case  where 
the  debt  is  paid  for  which  real  estate  has  been  so  conveyed 
or  acquired,  together  with  interest  at  the  rate  of  one  per 
centum  a  month,  release  the  said  real  estate  by  deed,  or 
otherwise  convey  the  same  to  the  debtor,  his  heirs  or  rep- 
resentatives, within  two  years  from  the  date  of  the  acquisi- 
tion of  the  property.     (R.  S.,  §  3208 ;  act  March  1,  1879.) 

749.  His  sanction  is  required  for  the  commencement 
of  a  suit  to  recover  taxes,  or  of  a  proceeding  for  the  en- 


COMMISSIONER  OF  INTERNAL   REVENUE.  283 

forcement  of  a  fine,  penalty,  or  forfeiture  incurred  under 
the  internal-revenue  laws.     (K.  S.,  §  3214.) 

7«I0.  It  is  the  duty  of  the  Commissioner,  with  the  appro- 
val of  the  Secretary  of  the  Treasury,  to  establish  such  rules 
for  the  observance  of  revenue  officers,  district  attorneys, 
and  marshals,  respecting  suits  arising  under  the  internal- 
revenue  laws,  in  which  the  United  States  is  a  party,  as  may 
be  deemed  necessary  for  the  just  responsibility  of  those 
officers  and  the  prompt  collection  of  all  revenues  and  debts 
due  and  accruing  to  the  United  States.     (R.  S.,  §  3215.) 

751,  Upon  being  satisfied  that  a  collector  has  used  due 
diligence  with  respect  to  lists  of  uncollected  taxes  placed 
in  his  hands  for  collection,  the  Commissioner  is  required  to 
certify  the  fact  to  the  First  Comptroller  of  the  Treasury, 
whereupon  the  collector  may  be  credited,  as  provided,  with 
certain  of  those  taxes  remaining  uncollected.  (R.  S.,  § 
3218.) 

752,  Subject  to  regulations  of  the  Secretary  of  the 
Treasury,  the  Commissioner  is  authorized,  on  appeal  to 
him,  to  remit,  refund,  and  pay  back  all  taxes  erroneously 
or  illegally  assessed  or  collected,  all  penalties  collected 
without  authority,  and  all  taxes  appearing  to  be  unjustly 
assessed  or  excessive  in  amount,  or  in  any  manner  wrong- 
fully collected.  It  is  provided,  however,  that  where  a  sec- 
ond assessment  is  made  in  a  case  of  a  return  alleged  to  be 
false,  there  shall  be  no  remission  or  refund  of  taxes,  unless 
it  is  proved  that  the  said  return  was  not  false  or  fraudulent ; 
also  that  all  claims  for  refund  must  be  presented  within 
two  years  next  after  the  cause  of  action  accrued. 

The  Commissioner  is  also  authorized  to  repay  to  any  col- 
lector or  deputy  the  full  amount  of  such  sums  of  money  as 
may  be  recovered  against  him  in  any  court,  for  any  taxes 
collected  by  him,  with  the  costs  and  expenses  of  suit ;  also 
all  damages  and  costs  recovered  against  any  assessor,  assist- 


284  THE  EXECUTIVE  DEPARTMENTS. 

ant  assessor,  collector,  deputy  collector,  or  inspector,  in  any 
suit  brought  against  him  by  reason  of  anything  done  in  the 
due  performance  of  his  official  duty.    (R.  S.,  §§  3220,  3228.) 

7^3.  Suit  cannot  be  maintained  in  court  for  the  recov- 
ery of  an  internal-revenue  tax  or  penalty  claimed  to  have 
been  wrongfully  collected,  until  appeal  shall  have  been 
made  to  the  Commissioner  of  Internal  Revenue,  according 
to  law,  and  his  decision  is  had  thereon ;  provided,  if  such 
decision  is  delayed  more  than  six  months  from  the  date  of 
the  appeal,  then  the  suit  may  be  brought  without  first 
having  a  decision  of  the  Commissioner,  subject  to  the  lim- 
itations of  law.     (R.  S.,  §  3226.) 

7^4:.  The  Commissioner,  with  the  advice  and  consent 
of  the  Secretary  of  the  Treasury,  Is  authorized  to  compro- 
mise any  civil  or  criminal  case  arising  under  the  internal- 
revenue  laws,  instead  of  commencing  suit ;  and  with  such 
advice  and  consent,  and  on  the  recommendation  of  the 
Attorney-General,  he  may  compromise  any  such  case  after 
suit  has  been  commenced.  But  whenever  a  compromise 
is  thus  made  there  is  required  to  be  placed  on  file  in  the 
office  of  the  Commissioner  the  opinion  of  the  Solicitor  of 
Internal  Revenue,  showing  his  reasons  therefor,  together 
with  a  statement  of  the  amount  of  tax  assessed,  the  addi- 
tional tax  or  penalty,  and  the  amount  actually  paid  in 
accordance  with  the  terms  of  the  compromise.  (R.  S.,  § 
3229.) 

755,  For  the  prevention  and  detection  of  frauds  perpe- 
trated by  distillers  of  spirits,  the  Commissioner  of  Internal 
Revenue  is  authorized  to  prescribe  for  use  such  hydrom- 
eters, saccharometers,  weighing  and  gauging  instruments, 
or  other  means  for  ascertaining  the  quantity,  gravity,  and 
producing  capacity  of  any  mash,  wort,  or  beer  used,  or  to 
be  used,  in  the  production  of  distilled  spirits,  and  the 
strength  and  quantity  of  spirits  subject  to  tax,  as  he  may 


COMMISSIONER  OP  INTERNAL   REVENUE.  285 

deem  necessary ;  and  he  may  prescribe  rules  and  regula- 
tions to  secure  a  uniform  and  correct  system  of  inspection, 
weighing,  marking,  and  gauging  of  spirits.  (R.  S.,  §  3249.) 
7^6.  The  tax  upon  any  distilled  spirits  removed  from 
the  distillery  and  not  placed  in  bonded  warehouse  according 
to  law  may  be  assessed  by  the  Commissioner  upon  the  dis- 
tiller and  returned  to  the  collector,  who  must  thereupon 
demand  payment,  and  on  refusal  proceed  by  distraint  or 
otherwise.     (R.  S.,  §  3253.) 

757.  The  Commissioner,  with  the  approval  of  the  Sec- 
retary of  the  Treasury,  may  exempt  distillers  of  brandy 
made  exclusively  from  apples,  peaches,  or  grapes  from  any 
provision  of  law  relating  to  the  manufacture  of  spirits,  ex- 
cept as  to  the  tax  thereon,  when  in  his  judgment  it  may 
seem  expedient.     (R.  S.,  §  3255.) 

758.  He  is  required  to  prescribe  the  form  of  bond  to 
be  executed  by  distillers  on  commencing  business  and  on 
the  first  of  May  in  each  succeeding  year,  and  to  entertain 
an  appeal  from  a  distiller  against  any  refusal  of  the  col- 
lector to  approve  such  bond ;  also  to  prescribe  the  form  of 
notice  to  be  given  by  a  distiller  or  rectifier  of  intention  to 
carry  on  his  business.     (R.  S.,  §§  3259,  3260.) 

759.  His  approval  is  necessaiy  to  the  bond  required  to 
accompany  a  permit  for  the  withdrawal,  free  from  tax,  of 
alcohol  by  a  scientific  institution  or  college  for  scientific 
purposes.     (R.  S.,  §  3297.) 

700.  He  is  required  to  examine  the  monthly  returns 
of  distillers,  to  the  end  that  the  proper  assessment  of  tax 
may  be  made,  according  to  the  capacity  of  the  distillery,  to 
cover  any  deficiency  in  production,  or  any  failure  in  ac- 
caunting  for  spirits  produced.     (R.  S.,  §  3309.) 

701.  He  may  prescribe  the  means  of  preventing  re- 
sumption in  any  suspended  distillery,  and  furnish  the  col- 
lector with  the  locks  and  seals  required  for  such  purpose  ; 


286  THE  EXECUTIVE   DEPARTMENTS. 

and  he  may  prescribe  regulations  to  govern  any  involuntary 
suspension  caused  by  unavoidable  accident.  (R.  S.,  §  3310.) 
763.  He  may  prescribe  the  precautions  to  be  used  by 
the  collector  in  reducing  the  capacity  of  a  distillery,  when 
such  reduction  is  desked  by  the  distiller.    (R.  S.,  §  3311.) 

763.  He  may,  under  regulations  prescribed  by  him  and 
approved  by  the  Secretary  of  the  Treasm-y,  issue  tax-paid 
stamps  to  replace  stamps  on  distilled  spirits  from  which  the 
stamps  have  been  lost  or  destroyed  by  unavoidable  accident. 
(R.  S.,  §  3315.) 

764.  It  is  the  duty  of  the  Commissioner  to  prescribe  a 
form  of  books  to  be  kept  by  rectifiers  and  wholesale  liquor 
dealers ;  also  the  manner  of  affixing,  cancelling,  and  cov- 
ering stamps  for  casks  or  packages  of  distilled  spirits.  (R. 
S.,  §§  3318,  3322.) 

760.  He  may  prescribe  the  secm*ity,  by  bond,  bill  of 
lading,  or  otherwise,  to  be  given  in  case  of  exportation  of 
distilled  spirits  without  payment  of  the  tax  ;  also  the  man- 
ner of  marking  such  spirits,  (R.  S.,  §  3330,)  and  the  manner 
of  affixing  and  cancelling  permits  for  the  removal  of  fer- 
mented liquors;  (R.  S.,  §  3345  ;)  also  regulations  relative 
to  the  purchasing  of  fermented  liquors  by  one  brewer  from 
another.  (R.  S.,  §  3349.)  He  may  regulate  the  issuing  of 
a  permit  for  a  brewer,  in  case  of  accident,  necessary  repairs, 
or  other  circumstances,  to  conduct  his  business  elsewhere 
than  at  his  brewery  for  a  temporary  perio,d,  (R.  S.,  §  3350,) 
and  may  make  regulations  for  the  transfer  and  sale  of  un- 
fermented  wort  by  one  brewer  to  another.    (R.  S.,  §  3351.) 

760.  In  case  of  the  change  of  ownership  of  any  distil- 
lery, there  being  at  the  time  distilled  spirits  in  the  ware- 
house connected  therewith  belonging  to  the  former  pro- 
prietor, the  Commissioner  may,  on  the  written  consent  of 
the  surviving  principal  and  sureties  interested,  and  under 
regulations  and  on  conditions  in  his  discretion,  permit  the 


COMMISSIONER   OF  INTERNAL   REVENUE.  287 

succeeding  proprietor  to  use  the  distillery  warehouse,  after 
setting  apart  by  a  secure  and  unbroken  partition  such  por- 
tion as  may  be  necessary  for  the  storage  and  safe -keeping 
of  the  spirits  distilled  by  the  original  proprietor,  during  the 
period  allowed  by  law,  or  until  the  spirits  are  removed  and 
the  tax  paid.     (Act  January  8,  1874,  Stats.  18,  p.  2.) 

T67.  The  Commissioner  may  prescribe  the  form  of  the 
inventory  to  be  given  by  a  person  engaging  in  the  manu- 
facture of  tobacco  or  snuff,  and  regulate  the  entry  daily  by 
a  dealer  of  his  transactions  in  these  articles  in  a  book  to 
be  kept  for  that  purpose.    (R.  S.,  §§  3358,  3360.) 

768.  He  may  order  the  destruction  of  any  abandoned, 
condemned,  or  forfeited  tobacco,  snuff,  or  cigars  which, 
when  offered  for  sale,  will  not  bring  a  price  equal  to  the 
tax  due  and  payable  thereon.     (R.  S.,  §  3369.) 

769.  He  is  authorized  to  prescribe  the  security  to  be 
exacted  for  the  exportation  of  manufactured  tobacco,  luci- 
fer  or  friction  matches,  cigar  lights,  and  wax  tapers,  and  to 
make  regulations  governing  the  removal  of  such  articles 
from  the  manufactory  for  the  purposes  of  export.  (R.  S., 
§3385.) 

770.  He  is  authorized  to  prescribe  regulations  for  the 
production  of  evidence  entitling  claimants  to  a  drawback 
on  tobacco  exported  after  the  stamps  have  been  affixed 
thereto,  of  a  sum  equal  to  the  value  of  the  stamps  so  affix- 
ed and  destroyed  before  shipment  to  the  foreign  country. 
(R.  S.,  §  3386.) 

771.  He  may  prescribe  such  regulations  for  the  inspec- 
tion of  cigars,  cheroots,  and  cigarettes,  and  for  the  collec- 
tion of  the  tax  thereon,  as  he  may  deem  most  effective  for 
the  prevention  of  frauds  in  the  payment  of  such  tax.  ( R. 
S.,  §  3396.) 

77S.  It  is  his  duty  to  prescribe  the  form  of  the  return 
to  be  made  by  banking  associations  and  bankers  of  the 


288  THE  EXECUTIVE  DEPARTMENTS. 

monthly  amount  of  circulation,  deposits,  and  capital,  and 
of  the  monthly  amount  of  notes  of  persons  and  of  town, 
city,  or  municipal  corporations,  State  banks,  or  banking 
associations  paid  out  by  them,  and  in  default  of  such  re- 
turns to  estimate  the  same  upon  the  best  information  he 
can  obtain.     (R.  S.,  §§  3414,  3415.) 

773.  When  an  article  has  been  sold  or  removed  for 
sale  by  the  manufacturer  without  the  proper  use  of  the 
required  stamp,  it  is  made  the  duty  of  the  Commissioner 
of  Internal  Revenue,  in  addition  to  the  penalties  imposed 
by  law,  to  estimate,  within  a  period  of  two  years  from  such 
sale  or  removal,  the  amount  of  tax  which  has  been  omit- 
ted, and  to  assess  the  amount  upon  the  manufacturer ;  also 
to  certify  such  assessment  to  the  proper  officer  for  collec- 
tion.    (R.  S.,  §  3437.) 

774.  It  is  his  duty  to  prescribe  regulations  from  time 
to  time  for  the  ascertainment  of  the  amount  of  the  allow- 
ance of  drawback  to  be  made  on  articles  entitled  to  such 
an  allowance  when  exported,  and  to  consider  the  evidence 
presented  by  claimants  of  the  previous  payment  of  the  tax 
for  which  drawback  is  asked.     (R.  S.,  §  3441.) 

775.  The  Commissioner,  with  the  approval  of  the  Sec- 
retary of  the  Treasury,  may  alter,  renew,  or  change  the 
form,  style,  and  device  of  any  stamp,  mark,  or  label  used 
under  any  provision  of  law  relating  to  internal  revenue ; 
and  he  may  prescribe  instruments  or  other  means  for  at- 
taching, protecting,  removing,  cancelling,  and  obliterating 
such  stamps.     (Act  March  1,  1879.) 

776.  Whenever  the  mode  or  time  of  assessing  or  col- 
lecting any  tax  which  is  imposed  is  not  provided  for  by 
law,  the  Commissioner  may  establish  the  same  by  regula- 
tion ;  and  he  may  make  all  regulations  to  this  end,  not 
otherwise  provided  for,  as  may  become  necessary  by  reason 
of  any  alteration  of  law  in  relation  to  internal  revenue.  (R. 
S.,  §  3447.) 


COMMISSIONER   OF  INTERNAL   REVENUE.  289 

777".  He  may,  under  the  direction  of  the  Secretary  of 
the  Treasui-y,  dispose  of  spirits  or  spirituous  liquors  which 
may  be  forfeited  under  the  provisions  of  the  internal-reve- 
nue laws,  unless  therein  otherwise  provided  for. 

778.  The  Commissioner  may  authorize  a  collector  or 
deputy  collector  to  seize  any  goods,  articles,  or  objects 
subject  to  tax  which  shall  be  found  in  the  possession,  cus- 
tody, or  control  cff  any  person  for  the  purpose  of  being 
sold  or  removed  by  him  in  fraud  of  the  internal -revenue 
laws  or  with  design  to  avoid  the  payment  of  the  tax ;  and 
when  such  property  is  liable  to  perish  or  to  a  great  reduc- 
tion of  value  by  reason  of  the  keeping,  or  cannot  be  kept 
without  great  expense,  the  owner,  on  application,  is  enti- 
tled to  have  it  returned  to  him,  upon  giving  bond  in  such 
form  as  may  be  prescribed  by  that  officer.  (R.  S.,  §§  3453, 
3459.) 

779.  He  is  authorized,  with  the  approval  of  the  Secre- 
tary of  the  Treasury,  to  pay  such  sums,  not  exceeding  in 
the  aggregate  the  sum  appropriated  therefor,  as  he  may 
deem  necessary  for  detecting  and  bringing  to  trial  and 
punishment  persons  guilty  of  violating  the  internal-revenue 
laws  or  conniving  at  the  same,  in  cases  where  such  expenses 
are  not  otherwise  provided  for  by  law.     (R.  S.,  §  3463.) 

780.  It  is  made  his  duty  to  estimate  in  detail,  by  col- 
lection districts,  the  expense  of  assessing  and  collecting 
internal  revenue,  and  to  submit  the  estimate  to  Congress 
at  the  commencement  of  each  regular  session.  (R.  S.,  § 
3671.) 

781.  lie  is  authorized  to  permit  the  use  of  a  distillery 
warehouse  by  successors  in  business,  taking  care  to  secure 
a  complete  separation  of  the  spirits  distilled  by  the  preced- 
ing owner.     (Act  March  3,  1877.) 

Upon  receipt  of  satisfactory  proof  he  may  allow  for  or 
redeem  internal -revenue  stamps  spoiled,  destroyed,  ren- 
19 


290  THE  EXECUTIVE  DEPARTMENTS. 

dered  useless,  <fcc.,  under  certain  restrictions.  (Act  March 
1,  1879.) 

In  addition  to  the  duties  here  specifically  enumerated, 
he  is  charged  in  numerous  sections  of  the  Revised  Statutes 
with  the  establishment  of  regulations  to  give  effect  to  pro- 
visions of  law  relating  in  detail  to  the  operation  of  the 
internal-revenue  system. 

As  to  all  of  these  he  is  aided  by  the  several  officers  and 
divisions  of  his  bureau  before  named.  To  describe  the 
work  of  these  divisions,  we  commence  with — 

i.  T15E  Division  of  Law. 

4 

782.  This  division  is  in  charge  of  the  Solicitor  of  In- 
ternal Revenue. 

Its  duties  pertain  to  the  prosecutions  in  the  courts  for 
frauds  upon  the  internal  revenue  of  the  country,  to  the 
proper  carrying  on  of  proceedings  for  the  condemnation  of 
property  subject  to  seizure,  and  for  the  recovery  of  fines 
and  penalties  incurred  for  violations  of  the  internal-revenue 
laws,  and  of  suits  for  taxes  and  of  other  personal  actions 
arising  under  those  laws.  These  proceedings  and  suits  are 
reported  by  United  States  attorneys  and  marshals  to  the 
Commissioner  of  Internal  Revenue,  according  to  the  re- 
quirements of  the  law,  already  cited.     (R.  S.,  §  3215.) 

Dockets  are  kept  in  this  division,  and  a  complete  record 
is  shown  of  all  cases  reported  and  the  steps  taken  in  them. 
These  dockets  are  similar  in  character  to  the  dockets  kept 
in  the  office  of  the  Solicitor  of  the  Treasury.  From  this 
division  all  instructions  emanate  to  the  United  States  attor- 
neys and  other  officers  of  courts,  with  a  view  of  securing 
the  vigorous  prosecution  of  the  cases,  over  which  the 
Commissioner  has  supervision,  and  the  prompt  collection 
of  penalties,  debts,  and  revenues  accruing  to  the  Govern- 
ment. 


COMMISSIONER  OF   INTERNAL   REVENUE.  291 

783.  This  division  is  also  in  charge  of  claims  for  abate- 
ment or  refund  of  internal  taxes.  No  suit  can  be  main- 
tained in  any  court  for  the  recovery  of  any  tax  alleged  to 
have  been  illegally  assessed  or  collected  until  after  appeal 
shall  be  made  to  the  Commissioner,  as  provided  by  law, 
and  a  decision  of  that  officer  shall  have  been  had  thereon, 
unless  the  decision  of  the  Commissioner  is  delayed  beyond 
six  months  from  the  date  of  appeal.  The  questions  of  the 
illegality  or  of  the  error  in  assessing  and  collecting  these 
taxes  arise  and  are  considered  in  this  division  on  these 
appeals. 

784.  This  division  has  also  charge  of  questions  relating 
to  special  taxes,  documentary  stamp  taxes,  dividend  and 
other  taxes ;  also  of  matters  connected  with  distraints  for 
taxes  or  moneys  due  ;  also  of  lands  acquired  in  payment  of 
debts  due  the  United  States  under  internal-revenue  laws, 
including  lands  bid  in  for  the  Grovernment  under  proceed- 
ings in  distraint  or  execution  on  judgments. 

This  division  has  also  charge  of  matters  relating  to  to- 
bacco, snufFj^and  cigars,  and  to  stamp  taxes  on  medicines 
and  preparations ;  also  claims  for  rewards  of  informers,  &c. 

n.  The  Division  of  Appointments. 

785.  This  division  is  under  the  direction  of  the  Chief 
Clerk.  It  is  charged  with  all  matters  pertaining  to  appoint- 
ments, commissions  of  officers,  leaves  of  absence  in  the 
office,  office  discipline,  assorting  and  disposal  of  the  mail> 
registry  and  keeping  of  all  letters,  and  with  the  care  of  the 
files ;  also  with  all  matters  relating  to  messengers,  laborers, 
office  stationery,  printing,  advertising,  and  with  the  prepa- 
ration of  blanks  and  blank  books  for  the  bureau. 

in.  The  Division  of  Accounts. 

786.  This  division  is  under  the  direction  of  the  Deputy 
Commissioner.    It  is  charged  with  the  examination  and 


292  THE  EXECimVE  DEPARTMENTS. 

reference  of  the  revenue  and  disbursing  accounts  of  collect- 
ors of  internal  revenue,  also  of  their  estimates  for  funds,  and 
of  their  applications  for  special  allowances.  It  is  charged 
also  with  all  matters  relating  to  advertisements,  and  the 
purchase  of  blank  books,  newspapers,  and  stationery  for 
collectors,  supervisors,  revenue  agents,  and  others.  It  has 
pharge  of  the  examination  and  reference  of  the  monthly 
bills  of  those  officers ;  also  of  all  miscellaneous  claims  pre- 
sented to  the  bureau  arising  under  any  appropriation  act 
made  for  carrying  into  effect  the  internal-revenue  laws, 
excepting  claims  for  abatement,  refund,  and  drawback; 
also  of  the  preparation  of  estimates  for  appropriations  by 
Congress. 

IV.  THii  Division  or  Distilled  Spirits. 

T87.  This  division  is  in  charge  of  all  matters  pertain- 
ing to  distilleries,  distilled  spirits,  fermented  liquors,  wines, 
rectified  spirits,  gangers*  fees  and  instruments.  It  is  charg- 
ed with  the  approval  of  bonded  warehouses,  and  with  the 
assignment  of  storekeepers ;  also  with  matters  relating  to 
locks  and  seals,  the  registering  of  stills,  notices  and  returns 
of  distillers'  reports  of  surveys,  plans  of  distilleries,  store- 
keepers' monthly  reports  of  materials  used  and  spirits  pro- 
duced, and  gangers'  reports  of  gauging  done  at  fruit  dis- 
tilleries. 

In  order  that  the  least  possible  amount  of  distillery  pro- 
duct may  escape  taxation,  a  system  of  oversight  is  main- 
tained at  every  distillery.  Every  distillery  is  required  to 
be  registered,  and  a  storekeeper  is  assigned  to  each.  The 
duty  of  this  storekeeper  is  to  record  the  time  of  filling  and 
emptying  every  mash  tub,  to  weigh  every  pound  of  grain 
used  in  the  mash,  and  to  see  that  the  law  is  faithfully  com. 
plied  with.  The  cistern  room,  where  the  spirits  are  received, 
is  placed  in  the  care  of  a  ganger,  who  determines  the  exact 


COMMISSIONER   OF   INTERNAL   REVENUE.  293 

quantity  produced  and  the  gauge  of  each  barrel  into  which 
the  spirits  are  drawn.  The  pipes  from  the  still  to  the  cistern 
room  are  continuous,  so  that  the  distiller  has  no  access  to 
the  spirits  until  they  are  gauged.  Each  barrel  filled  must 
be  serially  numbered,  beginning  with  number  one  and  run- 
ning consecutively,  without  duplication.  The  warehouse 
stamp  must  then  be  affixed  to  the  barrel,  which  stamp  has 
also  a  serial  number,  showing  the  number  of  the  barrel, 
contents  in  proof  and  wine  gallons,  name  of  ganger,  and 
date  of  affixing.  Th©  barrel  so  marked  must  then  be  placed 
in  the  distillery  warehouse  on  the  distillery  premises,  where 
it  can  remain  not  to  exceed  one  month  without  a  ware- 
house bond,  and  not  to  exceed  a  year  when  under  bond. 
When  it  is  desired  to  withdraw  any  barrel  of  spirits,  the 
collector  furnishes,  on  application  and  after  payment  of 
the  tax,  a  tax-paid  stamp,  which  is  filled  in  with  the  same 
number  of  package,  proof  and  wine  gallons,  as  appears  on 
the  warehouse  stamp,  and  has  itself  another  distinctive 
serial  number,  which  is  never  duplicated.  The  package, 
now  ready  for  market,  is  so  fully  marked,  branded,  and 
stamped  as  to  enable  any  revenue  officer  to  identify  it 
wherever  found,  since  no  other  package  can  exist  legally 
with  the  same  numbers,  marks,  and  brands.  Besides  this, 
the  distiller  is  required  to  keep  a  book  and  to  record  there- 
in a  full  description  of  each  package,  specifying  all  these 
marks  and  brands  and  the  name  of  the  party  to  whom  each 
package  is  sold.  The  purchaser  is  also  required  to  keep  a 
record  of  like  description,  stating  from  whom  the  package 
was  purchased  and  the  party  to  whom  it  was  sold  by  him. 
A  complete  record  is  thus  kept,  by  means  of  which  the  bar- 
rels can  be  traced  to  each  wholesale  dealer,  and  until  they 
are  dumped  for  rectification  or  reach  the  consumer. 

788.  A  system  alike  effectual  is  also  applied  to  the 
rectifier,  who  is  permitted,  after  rectification,  to  place  the 


294  THE  EXECUTIVE  DEPARTMENTS. 

spirits  on  the  market  under  a  rectifiers'  stamp.  When,  after 
purchase,  he  is  ready  to  dump  for  rectification,  he  is  required 
to  make  out  a  full  description  of  the  packages,  giving  the 
serial  numbers,  date  of  original  gauge,  and  the  name  of  the 
distiller,  and  to  send  a  notice  of  intention  to  rectify  to  the 
collector,  who  at  once  details  a  ganger  to  examine  aftd  re- 
gauge  the  spirits.  It  is  this  ganger's  duty,  also,  to  see  the 
packages  emptied  and  the  stamps  destroyed,  and  to  so  cer- 
tify on  the  face  of  the  notice.  An  account  is  opened  with 
each  rectifier,  in  which  he  is  credited  with  the  total  proof 
gallons  of  spirits  dumped,  and  he  is  charged  with  the  total 
proof  gallons  covered  by  rectifiers'  stamps  placed  on  spirits 
gauged  out  of  his  establishment.  The  collector  is  not 
allowed  to  issue  rectifiers'  stamps  for  a  number  of  proof 
gallons  in  excess  of  the  number  reported  as  dumped  by 
the  rectifier  and  ganger.  This  enumeration  exhibits  some 
of  the  details  of  business  to  which  the  attention  of  this 
division  is  directed. 

V.  The  Division  of  Assessments. 

789.  This  division  is  charged  with  the  preparation  of 
the  assessment  lists,  and  with  the  consideration  of  all  re- 
ports and  returns,  except  those  received  from  distillers, 
rectifiers,  and  brewers,  affording  data  from  which  assess- 
ments may  be  made ;  also  with  keeping  the  bonded  ac- 
count, and  with  the  consideration  of  claims  for  the  allow- 
ance of  drawback. 

VI.  The  Stamp  Division. 

790.  This  division  is  charged  with  the  supervision  of 
the  preparation,  safe -keeping,  issue, 'and  redemption  of 
stamps  for  distilled  spirits,  tobacco  and  cigars,  fermented 
liquors,  special  taxes,  documentary  and  proprietary  stamps, 
and  with  the  keeping  oi  all  accounts  pertaining  thereto. 


COMMISSIONER  OF  INTERNAL   REVENUE.  295 

This  involves  transactions  with  the  express  companies  as 
to  the  carrying  of  the  stamps ;  also  the  preparation,  cus- 
tody, and  issue  of  steel  dies  for  cancelling  stamps. 

VII.  The  Division  of  Revenue  Agents. 

791.  This  division  is  under  charge  of  one  of  the  Spe- 
cial Agents  of  Internal  Revenue.  The  number  of  special 
agents  employed  in  this  branch  of  the  service  is  thirty-five. 
They  are  distributed  to  convenient  points  through  the 
country,  and  their  duties  are  to  detect  and  prevent  fraud 
upon  the  internal  revenue.  To  this  end  they  visit  all  dis- 
tilleries, breweries,  and  tobacco  factories  in  their  respect- 
ive districts,  and  see  that  all  officers  of  the  internal  reve- 
nue diligently  and  faithfully  perform  their  duties  and  that 
the  laws  are  strictly  enforced.  They  make  examinations 
of  collectors'  offices  when  ordered  to  do  so,  and  assist  in 
the  administration  of  the  internal-revenue  laws  so  far  as  to 
point  out  what  should  be  done  and  what  should  be  omitted. 
They  travel  from  point  to  point  in  their  districts  for  the 
purpose  of  the  detection  of  all  fraudulent  practices  relating 
to  the  internal  revenue,  and  are  expected  to  report  to  the 
Commissioner  all  such  practices  coming  under  their  obser- 
vation, as  well  as  all  dereliction  of  duty  on  the  part  of 
internal-revenue  officers  or  of  persons  liable  to  pay  internal- 
revenue  taxes. 

The  Division  of  Special  Agents  makes  the  assignment 
of  these  agents  to  particular  districts  or  to  special  duty,  as 
occasion  may  require.  It  makes  a  cursory  examination  of 
their  accounts  for  compensation  and  travelling  expenses, 
and  refers  the  same  for  payment.  It  receives  their  period- 
ical and  special  reports  of  operations,  examines  the  same, 
and  makes  the  proper  reference  of  the  same,  or  of  any  sub- 
ject or  suggestion  therein  contained,  for  proper  action,  and, 
in  a  word,  exercises  a  general  supervision  over  the  force. 


296        THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  XIX. 

TBB   COMPTROLLER  OF  THE  CURRENCY. 

793.  The  office  of  the  Comptroller  of  the  Currency  was 
established  as  a  bureau  of  the  Treasury  Department  by  the 
national  banking  act  of  June  3,  1864,  and  was  charged  with 
the  execution  of  all  laws  relating  to  the  issue  and  regula- 
tion of  a  national  currency.  It  has  a  seal  with  an  appro- 
priate device,  an  impression  of  which,  with  a  description 
thereof  and  a  certificate  of  the  approval  of  the  Secretary 
of  the  Treasury,  are  required  to  be  placed  on  file  in  the 
office  of  the  Secretary  of  State. 

793.  The  head  of  this  office  is  the  Comptroller  of  the 
Currency.  He  is  assisted  by  a  deputy,  who  has  the  power 
and  performs  the  functions  and  duties  of  the  Comptroller 
in  case  of  a  vacancy  in  the  office  pr  during  the  absence  or 
inability  of  the  head  of  the  bureau.  The  deputy  is  required 
to  give  an  official  bond  in  the  penalty  of  fifty  thousand 
dollars,  and  he  is  prohibited  by  law  from  being  directly  or 
indirectly  interested  in  any  association  issuing  national 
currency.  The  office  is  provided  also  by  statute  with  four 
chiefs  of  divisions,  whose  duties  are  assigned  them  by  the 
Comptroller. 

794.  The  Comptroller  of  the  Currency  is  charged, 
under  the  general  direction  of  the  Secretary  of  the  Treas- 
ury, with  the  execution  of  all  laws  passed  by  Congress 
relating  to  the  issue  and  regulation  of  a  national  currency 
secured  by  United  States  bonds.  This  officer  holds  for  the 
term  of  five  years,  and  is  required  to  give  bond  in  the  pen- 
alty of  one  hundred  thousand  dollars,  conditioned  for  the 


THE  COMPTROLLER  OP  THE  CURRENCY.     297 

faithful  discharge  of  his  duties.  He  is  prohibited  by  law 
from  being  directly  or  indirectly  interested  in  any  associa- 
tion issuing  national  currency. 

795,  He  is  required  to  make  an  annual  report  to  Con- 
gress, at  the  commencement  of  each  session,  embracing — 

A  summary  of  the  state  and  condition  of  every  associa- 
tion from  which  reports  have  been  received  the  preceding 
year,  at  the  several  dates  to  which  said  reports  refer,  with 
an  abstract  of  the  whole  amount  of  banking  capital  return- 
ed by  them,  of  the  whole  amount  of  their  debts  and  liabili- 
ties, the  amount  of  circulating  notes  outstanding,  and  the 
total  amount  of  means  and  resources,  specifying  the  amount 
of  lawful  money  held  by  them  at  the  times  of  their  several 
returns,  and  such  other  information  in  relation  to  such  asso- 
ciations as  in  his  judgment  may  be  useful. 

A  statement  of  the  associations  whose  business  has  been 
closed  dm-ing  the  year,  with  the  amount  of  their  circulation 
redeemed  and  the  amount  outstanding. 

Any  suggestions  he  may  have  to  make  of  amendment  to 
the  laws  relative  to  banking,  by  which  the  system  may  be 
improved,  and  the  security  of  the  holders  of  its  notes  and 
other  creditors  may  be  increased. 

A  statement  exhibiting  under  appropriate  heads  the  re- 
sources, liabilities,  and  condition  of  the  banks,  banking 
companies,  and  savings  banks  organized  under  the  laws  of 
the  several  States  and  Territories. 

A  statement  of  the  names  and  compensation  of  the 
clerks  employed  by  him,  and  the  whole  amount  of  the  ex- 
penses of  the  Banking  Department  during  the  year.  (R. 
8..  §  333.) 

796*  Every  certificate,  assignment,  and  conveyance 
executed  by  the  Comptroller  of  the  Currency  in  pursuance 
of  law,  and  sealed  with  the  seal  of  his  office,  is  admissible 
in  evidence  in  all  places  and  courts;  and  all  copies  of 


i 


298  THE   EXECUTIVE  DEPARTMENTS. 

papers  in  his  office,  certified  by  him  and  authenticated  by 
the  said  seal,  are  likewise  entitled  to  be  received  in  all 
cases  equally  with  the  originals.     (R.  S.,  §  884.) 

797.  Copies  of  the  organization  certificate  of  any  na- 
tional banking  association,  duly  certified  by  the  Comptroller 
of  the  Currency,  and  authenticated  by  his  seal  of  office,  are 
also  evidence  in  all  courts  and  places  within  the  jurisdiction 
of  the  United  States  of  the  existence  of  the  association,  and 
of  every  matter  which  could  be  proved  by  the  production 
of  the  original  certificate.     (R.  S.,  §  885.) 

It  is  the  duty  of  the  Comptroller  of  the  Currency  to  re- 
ceive and  preserve  on  file  in  his  office  articles  of  associa- 
tion entered  into  by  persons  united  for  the  purpose  of  form- 
ing a  banking  association  under  the  national-bank  law ; 
also  the  certificate  of  organization  of  such  association, 
specifying  the  particulars  prescribed  by  the  statute, — 
among  others,  the  name  assumed  by  such  association, 
which  is  made  by  law  subject  to  his  approval;  also  the 
oath  required  to  be  taken  by  each  du-ector.  (R.  S.,  §§ 
5133,  5134,  5135,  5147.) 

798.  And  no  bank  can  legally  transact  any  business, 
except  that  incidental  to  its  organization,  until  it  has  been 
authorized  by  the  Comptroller  to  commence  the  business 
of  banking. 

The  payment  of  each  installment  of  stock  made  after 
such  authority  is  given  must  be  certified  to  the  Comptroller 
under  oath  of  the  president  or  cashier  of  the  association. 
(R.  S.,  §§  5136,  5140.) 

799.  He  is  required  to  determine  the  maximum  of  in- 
crease of  capital  stock  of  any  association  formed  under  the 
law,  to  be  provided  for  in  the  articles  of  association.  His 
certificate  of  such  increase,  specifying  the  amount,  and  his 
approval  thereof,  also  that  it  has  been  duly  paid  in,  is  nec- 
essary to  the  validity  of  such  increase  of  capital  stock. 
(R.  S.,  §  5142.) 


THE  COMPTROLLER  OF  THE  CURRENCY.  299 

800.  His  approval  is  necessary  also  to  a  reduction  of 
the  capital  stock  of  any  association  made  in  accordance 
with  law  authorizing  such  a  reduction.     (R.  S.,  §  5143.) 

801.  The  Comptroller  of  the  Currency,  or  some  person 
of  his  appointing,  is  required  to  give  a  receipt  to  any  bank- 
ing association  for  the  United  States  bonds  transferred  to 
the  Treasurer  of  the  United  States  by  such  association,  as 
required  by  law,  for  the  security  of  its  circulating  notes, 
which  receipt  must  state  that  such  bonds  are  held  in  trust 
for  the  association  and  as  security  for  the  redemption  and 
payment  of  any  circulating  notes  that  have  been  or  may  h^ 
delivered  to  such  association.  And  his  countersign  is  nec- 
essary to  the  validity  of  any  assignment  or  transfer  of  any 
of  such  bonds  by  the  Treasurer  of  the  United  States.  (R. 
S.,  §  5162.) 

802.  He  is  required  to  keep  in  his  office  a  book  for 
entry  therein,  immediately  upon  countersigning  it,  every 
transfer  or  assignment  by  the  Treasurer  of  any  bonds  be- 
longing to  a  national  banking  association  presented  for  his 
signature,  and  to  state  in  such  entry  the  name  of  the  asso- 
ciation from  whose  accounts  the  transfer  is  made,  the  name 
of  the  party  to  whom  it  is  made,  and  the  par  value  of  the 
bonds  transferred.  He  is  required  also,  immediately  upon 
countersigning  as  aforesaid  and  on  making  such  entry,  to 
advise,  by  mail,  the  association  from  whose  accounts  the 
transfer  is  made  of  the  kind  and  numerical  designation  of 
the  bonds,  and  the  amount  thereof  transferred.  (R.  S.,  §§ 
5163,  5164.) 

803.  He  is  given  access  by  law,  at  all  times,  to  the 
bonds  on  deposit  with  the  Treasurer,  in  order  that  he  may 
ascertain  their  amount  and  condition. 

804L.  He  and  the  Treasurer  have  access,  likewise  by 
law,  during  office  hours,  to  each  others'  books  for  the  pur- 
pose of  ascertaining  the  correctness  of  any  transfer  or  as- 


300  THE   EXECUTIVE  DEPARTMENTS. 

signment  of  the  bonds  referred  to,  and  of  any  entries  of 
the  same.    (R.  S.,  §  5165.) 

80^.  He  is  required  to  give  to  any  national  banking 
association  having  bonds  deposited  as  aforesaid  powers  of 
attorney  to  receive  and  appropriate  to  its  own  use  the  in- 
terest on  the  bonds  so  deposited,  such  powers  to  become 
inoperative  when  such  association  fails  to  redeem  its  cir- 
culating notes.  He  may,  when  such  bonds  become  depre- 
ciated below  the  amount  of  circulation  issued  for  the  same, 
demand  and  receive  the  amount  of  such  depreciation  in 
other  United  States  bonds  at  cash  value,  or  in  money,  from 
the  association,  to  be  deposited  with  the  Treasurer  as  long 
as  such  depreciation  continues. 

He  may,  upon  terms  prescribed  by  the  Secretary  of  the 
Treasm-y,  permit  an  exchange  to  be  made,  on  the  part  of 
any  association,  of  any  of  the  bonds  deposited  with  the 
Treasurer  for  other  bonds  of  the  United  States  authorized 
to  be  received  as  security  for  circulating  notes,  if  he  is  of 
opinion  that  it  may  be  done  without  prejudice  to  the  in- 
terests of  the  United  States ;  and  he  may  direct  the  return 
of  any  bonds  to  the  association  which  deposited  the  same, 
in  sums  of  not  less  than  one  thousand  dollars,  upon  the 
surrender  to  him  and  the  cancellation  of  a  proportionate 
amount  of  such  circulating  notes ;  provided  that  the  re- 
maining bonds  are  equal  to  the  amount  required  for  the 
circulating  notes  not  surrendered,  and  that  the  amount  of 
bonds  is  not  diminished  below  the  amount  required  by  law 
to  be  kept  on  deposit,  and  that  there  has  been  no  failure 
by  the  association  to  redeem  its  circulating  notes,  nor  any 
other  violation  by  it  of  the  provisions  of  the  banking  law. 
(R.  S.,  §  5167.) 

806.  Whenever  an  association  has  complied  with  all 
the  provisions  of  the  banking  law  required  before  it  is 
authorized  to  commence  business,  the  Comptroller  of  the 


THE  COMPTROLLER  OF  THE  CURRENCY.      301 

Currency  is  required  to  examine  into  the  condition  of  such 
association,  to  'ascertain  especially  the  amount  of  money 
paid  in  on  account  of  capital,  the  name  and  place  of  resi- 
dence of  each  of  its  directors,  and  the  amount  of  the  cap- 
ital stock  of  which  each  is  the  owner  in  good  faith,  and 
generally  whether  s.uch  association  has  complied  with  all 
the  provisions  of  law.  And  he  is  directed  to  require  from 
any  association  a  statement,  attested  by  the  oaths  of  a  ma- 
jority of  the  directors,  and  by  the  president  or  cashier,  of 
all  the  facts  necessary  to  enable  him  to  determine  whether 
the  association  is  lawfully  entitled  to  commence  the  busi- 
ness of  banking.  If  it  appears  that  such  association  is  so 
lawfully  entitled,  the  Comptroller  is  required  to  give  it  a 
certificate,  under  his  hand  and  official  seal,  to  that  effect. 
But  he  may  withhold  such  certificate  whenever  he  has  rea- 
son to  suppose  that  the  shareholders  have  formed  such 
association  for  any  other  than  the  legitimate  objects  con- 
templated by  the  banking  law.     (E.  S.,  §  5168,  5169.) 

807.  The  Comptroller  of  the  Currency  is  required,  on 
a  deposit  of  bonds  as  prescribed  by  law,  to  issue  to  the 
association  making  such  deposit  circulating  notes  of  differ- 
ent denominations,  in  blank,  registered  and  countersigned 
as  provided  by  law,  equal  in  amount  to  ninety  per  centum 
of  the  current  market  value  of  the  United  States  bonds  so 
deposited,  but  not  exceeding  ninety  per  centum  of  the  par 
value  thereof,  if  bearing  interest  at  not  less  than  five  per 
centum  per  annum ;  provided  that  the  amount  of  circula- 
ting notes  to  be  furnished  to  each  association  shall  be  in 
proportion  to  its  paid-up  capital,  viz.: 

To  each  association  whose  capital  does  not  exceed  five 
hundred  thousand  dollars,  ninety  per  centum  of  such  capi- 
tal. 

To  each  whose  capital  exceeds  five  hundred  thousand 
dollars  but  does  not  exceed  one  million  dollars,  eighty  per 
centum  of  such  capital. 


302  THE  EXECUTIVE  DEPARTMENTS. 

To  each  whose  capital  exceeds  one  million  of  dollars  but 
does  not  exceed  three  millions  of  dollars,  seventy-five  per 
centum  of  such  capital. 

To  each  whose  capital  exceeds  three  millions  of  dollars, 
sixty  per  centum  of  such  capital.     (R.  S.,  §  5171.) 

808.  It  is  his  duty  to  furnish  suitable  notes  for  circula- 
tion, and,  under  the  direction  of  the  Secretary  of  the  Treas- 
ury, to  cause  plates  and  dies  to  be  engraved  in  the  best  man- 
ner to  guard  against  counterfeiting  and  fraudulent  alteration, 
and  to  have  printed  therefrom  and  numbered  such  quantity 
of  circulating  notes,  in  blank,  of  the  denominations  of  one, 
two,  three,  five,  ten,  twenty,  fifty,  one  hundred,  five  hun- 
dred, and  one  thousand  dollars,  as  may  be  required  to  sup- 
ply the  associations  entitled  to  receive  the  same.  It  is 
provided  that  such  notes  shall  express  upon  their  face  that 
theyare  secured  by  United  States  bonds  deposited  with  the 
Treasurer  of  the  United  States ;  that  they  shall  bear  the 
written  or  engraved  signature  of  the  Treasurer  and  Register, 
and  the  imprint  of  the  seal  of  the  Treasury ;  also  that  they 
shall  express  upon  their  face  the  promise  of  the  associa- 
tion receiving  the  same  to  pay  on  demand,  and  shall  also 
bear  such  devices  and  other  statements,  and  shall  be  in 
such  form,  as  the  Secretary  of  the  Treasury  shall  by  regula- 
tion direct.  The  plates  and  dies  remain  by  law  under  the 
control  and  direction  of  the  Comptroller  of  the  Currency, 
who  is  required  to  cause  the  same  to  be  examined  each 
year,  and  to  place  on  file  in  his  office  annually  a  correct 
list  of  the  same.  He  is  required  to  make  regulations,  sub- 
ject to  the  approval  of  the  Secretary  of  the  Treasury,  for 
the  destruction  of  such  of  the  material  as  shall  have  been 
used  in  the  printing  of  the  notes  of  associations  in  liquida- 
tion, or  which  have  closed  business.  (R.  S.,  §§  5172,  5173, 
5174.) 

809.  He  is  required,  under  the  direction  of  the  Sec- 


THE  COMPTROLLER  OF  THE  CURRENCY.     303 

retary  of  the  Treasury,  to  make  a  statement  showing  the 
amount  of  circulation  in  each  State  and  Territory. 

810.  By  act  of  January  14,  1875,  (Stats.  18,  p.  296,) 
providing  for  the  resumption  of  specie  payments,  the  pre- 
vious provisions  of  law  limiting  the  aggregate  of  the  issue 
of  national-bank  notes  were  repealed. 

811.  It  is  the  duty  of  the  Comptroller  of  the  Currency 
to  receive  worn-out  or  mutilated  circulating  notes  issued 
by  any  banking  association,  and  also,  on  due  proof  of  the 
destruction  of  any  such  circulating  notes,  to  deliver  in 
place  thereof  to  the  association  other  blank  notes  to  an 
equal  amount.  Such  worn-out  or  mutilated  notes  are  to 
be  destroyed,  by  maceration,  in  accordance  with  regula- 
tions to  be  prescribed  by  him,  as  well  as  all  circulating 
notes  which  shall  have  been  paid  or  surrendered  to  be  can- 
celled. He  is  required  to  make  a  certificate  of  such  de- 
struction, signed  by  the  parties  appointed  to  destroy  the 
notes,  in  a  book  in  his  office,  and  to  forward  a  duplicate  of 
such  certificate  to  the  association  whose  notes  have  been 
thus  cancelled.     (R.  S.,  §  5184.) 

81^.  He  is  empowered  to  issue  gold  notes  to  associa- 
tions formed  for  the  purpose  of  issuing  such  notes.  These 
notes,  which  may  not  be  issued  in  any  denomination  less 
than  five  dollars,  are  to  express  on  their  face  that  they  are 
payable  in  gold.  Such  association  must  have  previously 
deposited  United  States  bonds  as  required  by  other  asso- 
ciations, in  order  to  entitle  it  to  circulating  notes  to  an 
amount  not  exceeding  eighty  per  centum  of  the  deposit 
thus  made  for  their  security.     (R.  S.,  §  5185.) 

813.  He  is  required  to  notify  any  association  to  make 
good  its  legal  money  reserve  in  United  States  notes,  when 
he  shall  have  ascertained  that  the  reserve  of  such  associa- 
tion is  below  the  amount  required  by  law ;  and  on  failure 
of  such  association  to  make  good  its  reserve  within  thirty 


304  THE   EXECUTIVE  DEPARTMENTS. 

days,  he  may  proceed,  with  the  approval  of  the  Secretary 
of  the  Treasury,  to  appoint  a  receiver  to  wind  up  its  affairs, 
as  provided  by  law  in  other  cases.     (R.  S.,  §  5191.) 

814.  He  is  required  to  give  public  notice  of  the  asso- 
ciation in  the  city  of  New  York  selected  by  any  association 
of  certain  cities  named  in  section  5191  of  the  Revised  Stat- 
utes, and  of  the  association  selected  in  either  of  the  cities 
so  named  by  an  association  not  organized  in  those  cities, 
for  the  purpose,  as  required  by  law,  of  redeeming  its  cir- 
culation at  par.  And  he  is  empowered,  upon  receiving 
satisfactory  evidence  of  the  failure  of  any  association  either 
to  make  the  selection  or  to  redeem  its  notes,  to  appoint  a 
receiver  thereof.     (R.  S.,  §  5195.) 

815.  He  is  also  authorized  to  enforce  payment  of  a 
deficiency  in  the  capital  stock  of  any  association,  and  fail- 
ing in  that,  to  notify  the  Treasurer  of  the  United  States  to 
withhold  from  the  bank  the  interest  payable  on  its  bonds 
deposited.  And  in  case  of  failure  of  such  association,  for 
the  space  of  three  months  after  receiving  notice,  to  pay  up 
its  capital  stock  or  to  go  into  liquidation  as  provided  by 
law,  the  Comptroller  may  appoint  a  receiver  to  close  the 
business  thereof.    (R.  S.,  §  5205.) 

816.  He  may  demand  special  reports  from  any  associ- 
ation when  in  his  judgment  the  same  are  required  to  afford 
fuU  knowledge  of  its  condition,  and  he  may  levy  the  stat- 
utory penalty  for  failure  to  render  these  and  the  other 
reports  required  by  law.     (R.  S.,  §§  5211,  5213.) 

817.  In  case  a  national  bank  which  has  determined  to 
go  into  liquidation  as  provided  by  law  fails  to  make  the 
deposit  of  lawful  money  with  the  United  States  Treasurer, 
as  required,  for  the  redemption  of  its  outstanding  circula- 
tion and  to  take  up  its  bonds,  for  thirty  days  after  the  time 
specified,  the  Comptroller  of  the  Currency  is  empowered  to 
sell  the  bonds  so  pledged  for  such  circulation  at  public 


THE   COMPTROLLER   OF   THE   CURRENCY.  305 

auction  in  the  city  of  New  York,  and,  after  providing  for 
the  redemption  and  cancellation  of  said  circulation  and  the 
expenses  of  sale,  to  pay  over  the  balance  remaining  to  the 
bank  or  its  legal  representatives.  (Act  February  18,  1875  ; 
R.  S.,  §  5224.) 

He  may  also,  upon  receiving  notice  of  the  failiu-e  of  any 
association  to  redeem  any  of  its  circulating  notes,  and  with 
the  concurrence  of  the  Secretary  of  the  Treasury,  appoint 
a  special  agent,  of  whose  appointment  immediate  notice 
shall  be  given  to  such  association,  who  shall  proceed  to 
ascertain  whether  it  has  so  refused,  and  report  to  the  Comp- 
troller. Upon  the  Comptroller  being  satisfied  of  the  fact, 
he  is  required,  within  thirty  days,  to  declare  the  bonds 
deposited  by  the  association  forfeited  to  the  United  States. 
(R.  S.,  §  5227.) 

818.  Immediately  thereafter  he  is  required  to  give 
notice,  in  such  manner  as  the  Secretary  of  the  Treasury 
shall  direct,  to  the  holders  of  the  circulating  notes  of  such 
Association  to  present  them  for  payment  at  the  Treasury ; 
whereupon  the  Comptroller  may  in  his  discretion  cancel 
an  amount  of  bonds  pledged  by  such  association  equal  at 
current  market  rates,  not  exceeding  par,  to  tl*  notes  paid. 
(R.  S.,  §  5229.) 

819.  He  may,  however,  instead  of  cancelling  its  bonds, 
cause  so  much  of  them  as  may  be  necessary  to  be  sold  at 
public  auction  in  the  city  of  New  York,  after  giving  thirty 
days'  notice  to  the  association.  (R.  S.,  §  5230.)  Or  he 
may  sell  any  of  such  bonds  under  the  same  circumstances 
at  private  sale,  if  he  deems  it  to  the  interest  of  the  United 
States.     (R.  S.,  §  5231.) 

8SO.  Upon  being  satisfied  of  the  failure  of  any  asso- 
ciation to  redeem  its  circulating  notes  as  before  specified, 
the  Comptroller  of  the  Currency  may  forthwith  appoint  a 
receiver,  and  require  of  him  proper  bond  and  security  for 
20 


306        THE  EXECUTIVE  DEPARTMENTS. 

the  performance  of  his  duties.  Such  receiver  is  subject  to 
the  direction  of  the  Comptroller.  Upon  making  such  ap- 
pointment he  must  cause  notice  to  be  given  of  the  fact,  by 
newspaper  advertisement  for  three  consecutive  months, 
calling  on  all  persons  who  have  claims  against  the  associa- 
tion to  present  them  and  to  make  legal  proof  thereof.  (R. 
S.,  §§  5234,  5235.) 

831.  He  is  required  from  time  to  time,  in  such  a  case, 
after  full  provision  has  been  made  for  refunding  to  the 
United  States  any  deficiency  in  redeeming  the  notes  of 
such  association,  to  make  a  ratable  dividend  of  any  money 
paid  over  to  him  by  the  receiver  on  all  claims  that  have 
been  proved  to  his  satisfaction  or  adjudicated  in  court,  and 
to  transfer  the  remainder  of  the  property  and  proceeds,  if 
any,  under  certain  conditions  prescribed  by  law,  to  such 
agent  ai^  the  shareholders  of  the  association,  called  together 
on  public  notice  by  the  Comptroller,  may  appoint,  in  pro- 
portion to  the  stock  respectively  held  by  them.  (R.  S.,  § 
5236,  act  June  30,  1876.) 

83S.  The  Comptroller  may  institute  suit  in  his  own 
name  in  any  proper  United  States  court  to  determine 
whether  thft  directors  of  any  association  have  knowingly 
violated,  or  permitted  any  officers,  agents,  or  servants  of 
,the  association  to  violate,  the  provisions  of  the  national 
banking  law,  when  the  charge  has  been  made ;  and  this 
adjudication  is  required  to  be  had  before  the  association 
shall  be  declared  dissolved  under  the  statute  denouncing, 
in  case  of  such  a  violation  of  law,  the  forfeiture  of  the 
rights,  privileges,  and  franchises  of  such  association.  (R. 
S„§5239.) 

823.  When  such  an  association  is  so  dissolved,  or  when 
any  creditor  shall  have  obtained  a  judgment  against  it  in 
any  court  of  record  and  has  made  application  stating  that 
such  judgment  has  remained  unpaid  for  thirty  days,  or 


THE  COMPTROLLER  OF  THE  CURRENCY.     307 

whenever  the  Comptroller  shall  become  satisfied  of  the  in- 
solvency of  any  association,  he  may,  after  due  examination 
of  its  affairs,  appoint  a  receiver  to  close  up  the  same  and 
to  enforce  the  personal  liability  of  the  shareholders.  (Aet 
June  30,  1876,  Stats.  19,  p.  63.) 

8S4:.  He  is  required,  with  the  approval  of  the  Secretary 
of  the  Treasury,  as  often  as  may  be  necessary  or  proper, 
to  appoint  some  suitable  person  or  persons  to  make  an 
examination  of  the  affairs  of  every  banking  association,  to 
whom  is  given  power  to  thoroughly  investigate  the  affairs 
of  the  association,  and  in  doing  so  to  examine  any  of  the 
officers  and  agents  thereof  on  oath,  and  who  is  required  to 
make  a  full  and  detailed  report  of  the  condition  of  the 
association  to  the  Comptroller.     (R.  S.,  §  5240.) 

825.  All  savings  baiks  or  savings  or  trust  companies 
organized  under  authority  of  any  act  of  Congress  are  re- 
quired to  make  to  the  Comptroller  of  the  Currency,  and  to 
publish,  all  reports  which  national  banking  associations  are 
required  to  make  under  sections  5211,  5212,  and  5213  of 
the  Revised  Statutes.  And  all  savings  banks  or  other  banks 
organized  in  the  District  of  Columbia  under  any  act  of  Con- 
gress, which  shall  have  capital  stock  paid  up  in  whole  or  in 
part,  are  subject  to  all  provisions  of  the  Revised  Statutes  and 
of  all  acts  of  Congress  applicable  to  national  banking  asso- 
ciations, as  far  as  the  same  may  be  applicable  to  such  sav- 
ings or  other  banks.     (Act  June  30,  1876,  Stats.  19,  p.  64.) 

The  Office  of  the  Comptroller  of  the  Currency. 

This  office  is  organized  by  the  designation  of  four  divis- 
ions, correspoYiding  to  the  number  of  chiefs  of  divisions 
authorized  by  law,  viz.: 

1.  Division  of  Organization. 

2.  Division  of  Issue. 

3.  Division  of  Reports. 

4.  Division  of  Redemption. 


N 


308  THE   EXECUTIVE   DEPARTMENTS. 


I.  The  Division  of  Organization. 

8^0.  This  division  is  charged  with  the  superintendence 
of  all  matters  pertaining  to  the  organization  of  national 
banks,  and  the  filing  and  preservation  of  the  papers  con- 
nected therewith ;  also  with  all  correspondence  relative  to  • 
such  organization.  The  statutes  of  the  United  States  pro- 
vide as  to  the  manner  in  which  a  national  banking  associa- 
tion shall  be  formed,  what  articles  of  association  are  to  be 
entered  into  by  the  persons,  not  less  than  five,  who  intend 
to  organize  such  an  association,  and  how  such  articles  shall 
be  executed  and  attested.  The  law  also  declares  the  nature 
of  the  organization  certificate  ;  that  it  shall  contain  a  state- 
ment of  the  following  particulars,  viz.:  The  name  assumed 
by  the  association,  which  name  ^  subject  to  the  approval 
of  the  Comptroller  of  the  Currency ;  the  name  of  the  place 
where  its  business  is  to  be  carried  on ;  the  amount  of  the 
capital  stock,  and  the  number  of  shares  into  which  the  same 
is  to  be  divided ;  the  names  and  places  of  residence  of  the 
shareholders,  with  the  number  of  shares  held  by  each ;  also 
that  such  certificate  shall  state  that  the  same  is  made  to 
enable  such  persons  to  avail  themselves  of  the  advantages 
of  the  laws  authorizing  the  establishment  of  such  associa- 
tions. Such  certificate  must  be  properly  acknowledged 
before  a  judge  of  a  court  of  record  or  a  notary  public 
under  seal,  and  transmitted  to  the  Comptroller  of  the  Cur- 
rency, who  is  required  to  record  the  same  and  to  carefully 
preserve  it  on  file  in  his  office.  Upon  duly  filing  these 
articles  of  association  and  the  certificate  just  referred  to 
the  association  becomes  a  body  corporate,  with  certain 
specified  powers  given  by  the  statutes,  and  on  receiving 
authority  from  the  Comptroller  of  the  Currency  it  may 
commence  the  business  of  banking,  under  the  limitations 
prescribed  by  law. 


ORGANIZATION  OF  NATIONAL  BANKS.      309 

The  authority  thus  given  by  the  Comptroller  is  to  be  exer- 
cised after  a  careful  examination  as  to  the  condition  of  the 
association,  as  to  whether  an  amount  equal  to  at  least  one- 
half  of  the  capital  stock  has  been  paid  in,  and  generally 
whether  the  association  has  complied  with  all  the  provisions 
of  law  entitling  it  to  engage  in  business.  To  this  end  he 
may  require  a  statement  under  oath  of  a  majority  of  the 
directors,  and  of  the  president  or  cashier,  of  all  the  facts 
necessary  to  enable  him  to  determine.  And  he  may,  upon 
being  satisfied  of  a  full  compliance  with  the  provisions  of 
law,  issue  to  the  association  a  certificate  under  his  hand 
and  official  seal  authorizing  it  to  commence  business  as 
aforesaid. 

The  oath  of  office  which  each  director  is  required  to  take 
and  subscribe  must  also  be  transmitted  to  the  Comptroller 
of  the  Currency  and  filed  in  his  office  ;  and  likewise  on  the 
first  of  July  of  each  year  a  copy  of  the  list  of  shareholders 
of  the  bank,  containing  information  of  the  residence  of 
and  the  number  of  shares  held  by  each. 

It  is  incumbent  on  this  Division  of  Organization  to  make 
careful  examination  of  the  papers  so  required  to  be  trans- 
mitted, and  to  see  that  the  provisions  of  the  law  in  their 
execution  have  been  fully  complied  with  ;  also  to  prepare 
the  certificates  of  authority  for  the  commencement  of  busi- 
ness, to  require  the  proper  execution  and  transmission  of 
such  papers  as  are  required  by  law  in  connection  with  the 
organization  of  the  association,  and  to  keep  proper  records 
and  files  pertaining  to  the  same. 

II.  The  Division  of  Issue. 

8Sy.  This  division  is  charged  with  the  issue  of  circu- 
lating notes  to  t^e  national  banks,  with  the  safe-keeping  of 
the  unsigned  and  unfinished  notes  on  hand  to  be  furnished 
the  banks  when  called  for,  and  with  all  business  and  cor- 


310  THE   EXECUTIVE   DEPARTMENTS. 

respondence  connected  with  the  issue  of  the  national-bank 
currency. 

As  ah-eady  stated,  these  associations  are  required,  in 
order  to  afford  an  absolute  security  for  the  notes  issued  .to 
and  put  in  circulation  by  them,  to  deposit  with  the  Treas- 
urer of  the  United.  States  registered  bonds  of  the  United 
States,  in  trust,  to  an  amount  not  less  than  thirty  thousand 
dollars,  and  not  less  than  one-third  of  the  capital  stock 
of  the  bank  paid  in.  Such  bonds  are  to  be  increased  as 
the  capital  stock  is  paid  up  or  increased.  They  are  to  be 
transferred  to  the  Treasurer  in  trust,  and  so  marked  and 
receipted  for  by  the  Comptroller  of  the  Currency,  or  by  a 
clerk  whom  he  may  designate  for  the  purpose,  and  are  at 
specified  times  subject  to  inspection  by  the  agents  of  the 
banks  respectively. 

Upon  making  this  deposit  of  bonds,  the  particular  bank 
is  entitled  to  receive  from  the  Comptroller  of  the  Currency 
circulating  notes  of  different  denominations,  in  blank,  reg- 
istered and  countersigned,  and  having  thereon  the  imprint 
of  the  seal  of  the  Treasury,  in  amount  proportionate  to  the 
amount  of  its  paid-up  capital,  but  not  exceeding  ninety  per 
centum  of  the  current  market  value  of  the  bonds  so  on 
deposit. 

It  is  the  duty  of  this  Division  of  Issue  to  receive  the 
orders  of  the  numerous  national  banks  for  these  circulat- 
ing notes ;  also  to  examine  as  to  whether  the  proper  de- 
posits have  been  made  to  secure  the  same,  as  to  whether 
the  other  provisions  of  law  entitling  the  banks  to  receive 
such  notes  have  been  fully  complied  with,  and  to  cause  the 
notes,  of  the  proper  amount  and  denominations,  printed 
for  the  use  of  the  particular  bank  to  be  forwarded.  This 
division  also  causes  circulating  notes  to  be  forwarded  to 
s^upply  the  place  of  worn-out  or  mutilated  bills  destroyed 
in  the  Treasury  Departnjent,  upon  being  notified  by  the 
Redemption  Division  of  the  redemption  of  the  same. 


THE   COMPTROLLER   OF   THE   CURRENCY.  311 

It  also  receives  from  the  Bureau,  of  Engraving  and 
Printing  the  national  currency  which  has  been  printed  in 
that  bureau,  makes  a  record  of  the  same,  and  places  it,  in 
the  vault  of  the  Comptroller's  office,  there  to  remain  in 
safe  custody  until  required  to  fill  orders  from  the  banks. 

It  keeps  a  complete  record  of  all  receipts  and  issues  of 
this  currency,  and  makes  daily  reports  of  the  same,  whether 
received,  issued,  retired,  or  on  hand. 

in.  The  Division  of  Keports. 

8S8.  This  division  is  charged  with  the  receipt  and  care 
of  all  reports  from  national  banks  of  their  condition,  divi- 
dends, and  earnings.  It  also  receives  the  reports  made  by 
the  examiners  which  the  Comptroller  appoints  by  authority 
of  law  to  look  into  the  concerns  of  these  banks.  It  also 
makes  up  a  tabulation,  from  these  various  reports  for  pub- 
lication and  for  the  information  of  Congress,  as  required 
by  law.  It  also  has  the  care  of  the  general  correspond- 
ence and  files  of  the  office,  and  conducts  the  correspond- 
ence of  the  office  with  the  bank  officers  relative  to  the 
affairs  and  management  of  their  respective  associations. 
It  is  the  duty  of  this  division  to  require,  by  letter,  of  all 
institutions  which  may  be  delinquent  in  this  respect,  the 
reports  required  by  law  as  to  the  condition,  resources,  &c., 
of  the  same.  These  associations  are  so  required  by  law  to 
make  not  less  than  five  reports  during  each  year,  in  a  pre- 
scribed form  and  properly  verified ;  also  to  report  specially 
when  called  upon  by  the  Comptroller.  The  regular  reports 
are  required  to  be  published  by  the  banks  respectively  in 
newspapers  at  the  places  where  the  associations  are  estab- 
lished, or  in  adjacent  places,  proof  of  which  publication 
must  be  forwarded  to  the  Comptroller.  It  supplies  also  all 
blanks  for  these  purposes  to  the  banks,  as  the  same  may 
be  required. 


312  THE   EXECUTIVE   DEPARTMENTS. 

All  these  matters  of  routine  engage  the  laborious  atten- 
tion of  this  division,  that  the  numerous  associations  may  be 
continuously  kept  up  to  the  requirements  of  law. 

IV.  The  Redemption  Division. 

830.  This  division  is  charged  with  the  receipt  and  de- 
struction of  worn-out  and  mutilated  notes ;  also  with  the 
safe-keeping,  in  a  vault  prepared  for  the  purpose,  of  the 
notes  sent  to  the  office  for  destruction  until  they  shall  be 
prepared  therefor,  and  shall  have  accumulated  in  conven- 
ient amount.  These  mutilated  notes  are  received  from  the 
Treasurer  of  the  United  States,  and  when  destroyed  and 
redeemed  a  certificate  of  the  facts  is  sent  to  the  Division 
of  Issue,  through  which  division  they  are  replaced  by  new 
notes,  put  up  from  the  stock  on  hand  and  transmitted  to 
the  proper  bank.  The  destruction  is  accomplished  by  mac- 
eration, in  a  machine  constructed  for  the  purpose,  in  the 
basement  of  the  Treasury  building.  The  notes  are  first 
carefully  counted,  having  been  previously  counted,  assorted, 
and  registered  in  the  Treasurer's  office,  and  their  destruc- 
tion is  witnessed  by  separate  persons  representing  the  Sec- 
retary of  the  Treasury,  the  Treasurer  of  the  United  States, 
the  Comptroller  of  the  Currency,  and  the  particular  bank 
or  banks  whose  circulating  notes  are  to  be  destroyed. 
These  representatives  are  formally  deputed  for  the  pur- 
pose by  these  officers  and  the  bank  or  banks  respectively, 
the  latter  by  a  written  and  formally  executed  power  of 
attorney.  These  persons  make  a  record  of  the  respective 
denominations  of  notes  destroyed,  together  with  the  amount 
of  each  denomination ;  also  a  certificate  of  the  same. 

This  division  keeps  a  careful  record  of  all  these  transac- 
tions, makes  periodical  reports  of  the  notes  destroyed,  and 
conducts  all  correspondence  relative  thereto. 

Outside  of  these  divisions  considerable  labor  of  a  mis- 


REDEMPTION   OF   NATIONAL-BANK   NOTES.  313 

cellaneous  character  is  transacted.  The  receipt  and  care 
of  all  United  States  bonds  received  to  secure  circulation 
of  the  banks  are  intrusted  to  a  bond  clerk  before  they  are 
finally  deposited  with  the  Treasurer  of  the  United  States. 
He  is  also  intrusted  with  the  exchange  of  one  kind  of  bond 
for  another  when  desired  by  a  national  bank,  and  also  with 
the  correspondence  of  the  office  relative  to  the  business  in 
his  charge. 

All  correspondence  relative  to  the  affairs  of  insolvent 
national  banks,  and  the  questions  arising  in  their  settle- 
ment and  the  transaction  of  business  of  the  receivers,  is 
conducted  under  the  immediate  dkection  of  the  Comp- 
troller. 


314        THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER   XX. 

THE   POST    OFFICE   DEPARTMENT. 

830.  The  establishment  of  this  department  followed 
that  of  the  Treasury,  and  is  accordingly  the  fourth  in  order 
of  date.  The  act  of  Congress  of  September  22,  1789,  cre- 
ating it,  is  entitled  "  An  act  for  the  temporary  establishment 
of  the  Post  Office."  A  subsequent  act  of  May  8,  1794,  es- 
tablished  at  the  seat  of  government  a  General  Post  Office, 
and  provided  for  a  Postmaster  -  General  and  an  assistant, 
also  for  deputy  postmasters  at  places  deemed  necessary  by 
the  Postmaster-General.  The  present  organization  of  this 
department*  owes  its  existence  to  the  recent  act  of  June  8, 
1872,  entitled  "An  act  to  revise,  consolidate,  and  amend 
the  statutes  relating  to  the  Post  Office  Department." 

831.  The  head  of  the  Post  Office  Department  is  the 
Postmaster-General,  with  whom  are  immediately  associated 
three  Assistant  Postmasters-General.  The  department  has 
also  a  Chief  Clerk,  and  is  subdivided  by  law  into  divisions 
or  bureaus,  as  follow  : 

1.  The  three  offices  of  the  Assistant  Postmasters-General, 
each  office  having  its  Chief  Clerk. 

2.  .The  Office  of  the  Money-Order  System,  with  its  Super- 
intendent and  Chief  Clerk. 

3.  The  Office  of  Foreign  Mails,  also  with  its  Superintend- 
ent and  Chief  Clerk. 

4.  The  Dead  Letter  Office,  with  a  head  called  Chief  of 
Division. 

5.  The  Office  of  Mail  Depredations,  also  with  a  head 
called  Chief  of  Division. 


THE   POSTMASTER-GENERAL.  315 

6.  The  Office  of  the  Blank  Agency,  with  a  Superintend- 
ent, one  Chief  Assistant,  and  four  Assistants. 

The  statutes  provide  also  for  an  Assistant  Attorney- 
General  for  the  Post  Office  Department,  who  acts  as  the 
Solicitor  for  that  department. 

83^.  The  Assistant  Postmasters-Greneral  are  designated 
by  the  head  of  the  department  as  first,  second,  and  third, 
and  they  are  likewise  assigned  their  special  class  of  duties. 
There  has  also  been  assigned  them  respectively  the  charge 
or  supervision  of  the  several  offices  and  divisions  before 
mentioned,  besides  certain  other  divisions  which  have  been 
formed  in  the  department  by  the  Postmaster-Greneral.  This 
arrangement  and  distribution  of  business  will  be  referred 
to  in  detail  in  a  proper  place. 

833.  The  post  offices  over  which  this  department  exer- 
cised control  on  the  first  day  of  December,  1878,  were 
thirty-nine  thousand  six  hundred  and  seventy-nine  in  num- 
ber. Some  conception  may  be  formed  from  this  statement 
of  the  vast  labor  demanded  of  the  officers  of  the  depart- 
ment in  this  connection,  to  say  nothing  of  the  vast  bus- 
iness transactions  of  the  department  in  connection  with 
the  money-order  system  and  with  the  interchange  of  cor- 
respondence, embracing  almost  all  the  countries  of  the 
world  and  their  dependencies. 

834.  In  treating  of  this  department  in  detail,  the  same 
arrangement  is  adopted  as  with  the  other  departments. 

First,  the  duties,  powers,  and  functions  of  the  head  of 
the  department  as  they  are  specifically  set  out  by  the  stat- 
utes. 

The  Postmaster-General. 

830.  The  oath  of  office  required  by  law  to  be  adminis- 
tered to  this  officer  is  peculiar,  inasmuch  as  it  is  required  to 
be  administered  to  all  officers  of  the  postal  service  as  well, 
and  is  substantially  different  from  that  required  by  general 


316  THE   EXECUTIVE   DEPARTMENTS. 

provision  of  law  to  be  taken  by  other  officers  of  the  Gov- 
ernment not  in  that  service.  He  is  required,  in  addition 
to  the  general  oath  of  office,  to  swear  that  he  "will  per- 
form all  the  duties  required  of  him,  and  abstain  from  every- 
thing forbidden  by  the  laws  in  relation  to  the  establish- 
ment of  post  offices  and  post  roads  within  the  United 
States,  and  that  he  will  honestly  and  truly  account  for  and 
pay  over  any  money  belonging  to  the  United  States  which 
may  come  into  his  possession  or  under  his  control."  (R. 
S.,  §  391 ;  Stats.  18,  p.  19.) 

836.  As  in  the  case  of  other  heads  of  departments, 
regarding  the  property  respectively  in  their  control,  the 
Postmaster-General  is  required  to  keep  in  proper  books  a 
complete  inventory  of  all  the  property  belonging  to  the 
United  States  in  the  buildings,  rooms,  offices,  and  grounds 
occupied  by  him  and  under  his  charge.     (R.  S.,  §  197.) 

837.  Whenever  the  Postmaster-General,  or  any  person 
whose  accounts  have  been  settled  by  the  Sixth  Auditor,  is 
dissatisfied  with  the  settlement  made  by  that  Auditor,  he 
may,  within  twelve  months,  appeal  to  the  First  Comptrol- 
ler, whose  decision  is  conclusive.     (R.  S.,  §  270.) 

838.  It  is-  made  the  duty  of  the  Postmaster-General — 
VTo  establish  and  discontinue  post  offices. 

To  instruct  all  persons  in  the  postal  service  with  refer- 
ence to  their  duties. 

To  decide  on  the  forms  of  all  official  papers. 

To  prescribe  the  manner  of  keeping  and  stating  accounts. 

To  enforce  the  prompt  rendition  of  returns  relative  to 
accounts. 

To  control  according  to  law,  and  subject  to  the  settle- 
ment of  the  Sixth  Auditor,  all  expenses  incident  to  the 
service  of  the  department. 

To  superintend  the  disposal  of  the  moneys  of  the  de- 
partment. 


THE   POSTMASTER-GENERAL.  317 

To  direct  the  manner  in  which  balances  shall  be  paid 
over,  issue  warrants  to  cover  money  into  the  Treasury,  and 
to  pay  out  the  same. 

To  superintend  generally  the  business  of  the  department, 
and  execute  all  laws  relative  to  the  postal  service.     (R.  S.J 
§396.)    • 

839.  For  the  purpose  of  making  better  postal  arrange- 
ments with  foreign  countries,  and  of  ^counteracting  adverse 
measures  affecting  our  postal  intercourse  with  such  coun- 
tries, the  Postmaster-Greneral,  by  and  with  the  advice  and 
consent  of  the  President,  is  empowered  to  negotiate  and 
conclude  postal  treaties  and  conventions,  and  to  reduce  or 
increase  the  rates  of  postage  on  mail  matter  conveyed  be- 
tween the  United  States  and  foreign  countries.  (R.  S.,  § 
3^8.) 

84:0.  He  is  required  to  transmit  a  copy  of  any  postal 
convention  concluded  with  foreign  governments  to  the  Sec- 
retary of  State,  who  must  furnish  a  copy  of  the  same  to  the 
Congressional  Printer  for  publication ;  and  it  is  provided 
that  the  printed  proof  sheets  of  all  such  conventions  shall 
be  revised  at  the  Post  Office  Department.     (R.  S.,  §  399.) 

841.  He  may  establish  a  blank  agency  for  his  depart- 
ment, to  be  located  at  Washington,  District  of  Columbia. 

84:^.  He  is  required  to  deliver  to  the  Sixth  Auditor, 
within  sixty  days  after  the  making  of  any  contract  for  car- 
rying the  mail,  a  duplicate  copy  thereof.  (R.  S.,  §§  400, 
404.) 

84L3.  Upon  the  certified  quarterly  statement  by  the 
Sixth  Auditor  of  the  payments  by  postmasters  on  account 
of  the  postal  service,  the  Postmaster-Greneral  is  required  to 
issue  his  warrant  to  the  Treasurer  to  carry  the  amount  to 
the  credit  of  the  postal  revenues  and  to  the  debit  of  the 
proper  appropriations  upon  the  books  of  the  Auditor.  (R. 
S.,  §  406.) 


318  THE   EXECUTIVE   DEPARTMENTS. 

Under  the  direction  of  the  Postmaster-Greneral,  the  postal 
revenues  and  all  debts  due  his  department,  when  collected, 
must  be  paid  into  the  Treasury  of  the  United  States,  and 
duplicate  certificates  are  to  be  given  the  depositor  by  the 
Treasurer,  Assistant  Treasurer,  or  depositary  receiving  the 
same.  All  such  deposits  must  be  brought  into  {he  Treas- 
ury by  warrants  of  the  Postmaster-General,  countersigned 
by  the  Sixth  Auditor^efore  any  credit  for  moneys  so  de- 
posited can  be  allowed.     (R.  S.,  §§  407,  408.) 

84:4:,  The  Postmaster-General  may  discharge  from  im- 
prisonment any  person  confined  in  jail  on  any  judgment  in 
a  civil  case,  obtained  in  behalf  of  this  department,  if  it  is 
made  to  appear  that  the  defendant  has  no  property  of  any 
description.     (R.  S.,  §  410.) 

845.  fie  may  prescribe  such  rules  and  modes  of  pro- 
ceeding as  shall  appear  expedient  for  the  government  of 
the  Sixth  Auditor  in  ascertaining  the  facts  in  each  case  of 
fine,  penalty,  forfeiture,  disability,  or  liability,  by  way  of 
damages  or  otherwise,  for  any  money,  incurred  under  any 
provision  of  law  relative  to  the  officers,  employees,  oper- 
ations, or  business  of  the  postal  service,  and  upon  the  facts 
being  ascertained  he  may  give  his  written  consent  to  a 
decision  of  the  Auditor  mitigating  or  remitting  such  fine, 
penalty,  or  forfeiture,  removing  such  disability,  or  com- 
promising, releasing,  or  discharging  such  claim.  (R.  S.,  § 
409.) 

84:6.  The  Postmaster-General  is  required  to  make  the 
following  annual  reports  to  Congress  : 

1.  A  report  of  all  contracts  for  carrying  the  mail  made 
within  the  preceding  year,  giving  in  each  case  the  name  of 
the  contractor ;  the  date  and  duration  of  the  contract ;  the 
routes  embraced  therein,  with  the  length  of  each  ;  the  time 
of  arrival  and  departure  at  the  ends  of  each  route ;  the 
mode  of  transportation,  and  the  price  to  be  paid,  together 


THE   POSTMASTER-GENERAL.  819 

with  a  copy  of  the  record  of  abstracts  of  all  proposals  for 
carrying  the  mail  required  by  law  to  be  kept. 

2.  A  report  of  all  land  and  water  mails  established  or 
ordered  within  the  preceding  year,  other  than  those  let  to 
contract  at  the  annual  letting,  giving  in  each  case  the  route 
or  water-course  on  which  the  mail  is  established ;  the  name 
of  the  person  employed  to  transport  it ;  the  mode  of  trans- 
portation ;  the  price  to  be  paid,  and  the  duration  of  the 
order  or  contract. 

3.  A  report  of  all  allowances  made  to  contractors  within 
the  preceding  year  above  the  sums  originally  stipulated  in 
their  respective  contracts,  giving  the  reasons  therefor,  and 
of  all  orders  made  whereby  additional  expense  is  incurred 
on  any  route  beyond  the  original  contract  price,  giving  in 
each  ca&e  the  route ;  the  name  of  the  contractor ;  the 
original  service  provided  for  by  the  contract ;  the  original 
price ;  the  additional  service  required,  and  the  additional 
allowance  therefor. 

4.  A  report  of  all  curtailments  of  expenses  effected 
within  the  preceding  year,  giving  in  each  case  the  same 
particulars  as  mentioned  in  the  paragraph  preceding. 

5.  A  report  of  the  finances  of  the  department  for  the 
preceding  year,  showing  the  amount  of  balance  due  the 
department  at  the  beginning  of  the  year ;  the  amount  of 
postage  which  accrued  within  the  year ;  the  amount  of  en- 
gagements and  liabilities  ;  the  amount  actually  paid  diu-ing 
the  year  for  carrying  the  mail,  and  how  much  of  this  amount 
was  for  carrying  the  mail  in  preceding  years. 

6.  A  report  of  the  fines  imposed  on  contractors  and  the 
deductions  made  from  their  pay  during  the  preceding  year, 
stating  the  name  of  the  contractor ;  the  nature  of  the  de- 
linquency ;  the  route  on  which  it  occun'ed ;  when  the  fine 
was  imposed ;  and  whether  the  fine  or  deduction  has  been 
remitted,  and  for  what  reason. 

rNIVERSITX 


320  THE   EXECUTIVE   DEPARTMENTS. 

7.  A  copy  of  each  contract  for  carrying  the  mail  between 
the  United  States  and  foreign  countries,  with  a  statement 
of  the  amount  of  postage  derived  under  the  same,  so  far  as 
the  rfeturns  of  the  department  will  enable  it  to  be  done. 

8.  A  report  showing  all  contracts  which  have  been  made 
by  the  department,  other  than  for  carrying  the  mail,  giving 
the  name  of  the  contractor ;  the  article  or  thing  contracted 
for  ;  the  place  where  the  article  was  to  be  delivered,  or  the 
thing  performed ;  the  amount  paid  therefor,  and  the  date 
and  duration  of  the  contract. 

9.  A  report  on  the  postal  business  and  agencies  in  for- 
eign countries. 

10.  A  report  of  the  amount  expended  in  the  department 
for  the  preceding  fiscal  year,  including  detailed  statements 
of  expenditures  made  from  the  contingent  fund. ' 

And  it  is  made  his  duty  to  cause  all  of  such  reports  to 
be  printed  at  the  public  printing-office,  either  together  or 
separately,  and  in  such  numbers  as  may  be  required  by  the 
exigencies  of  the  service  or  by  law.     (R.  S.,  §  413.) 

The  annual  reports  of  the  Auditor  for  his  department 
are  required  to  show  the  financial  condition  of  that  depart- 
ment at  the  close  of  each  fiscal  year,  and  to  be  made  a  part 
of  the  Postmaster-General's  annual  report  to  Congress  for 
that  fiscal  year.     (Stats.  19,  p.  80.) 

84:T.  He  is  required  to  furnish  a  copy  of  his  annual 
estimates  to  the  Secretary  of  the  Treasury  prior  to  the  first 
of  November  in  each  year,  to  be  reported  to  Congress  by 
the  latter  in  the  regular  printed  estimates.    (R.  S.,  §  414.) 

848.  He  is  empowered  to  authorize  any  person  to  make 
application  before  the  judge,  or  in  his  absence  before  the 
clerk,  of  any  court  of  the  United  States  having  original 
jurisdiction  of  the  cause  of  action,  for  the  issue  of  a  war- 
rant of  attachment  against  the  real  and  personal  property 
and  the  legal  or  equitable  rights  of  a  defaulting  or  delin- 


THE   POSTMASTER-GENERAL.  321 

quent  postmaster,  contractor,  or  other  officer,  agent,  or 
employee  of  the  Post  Office  Department,  and  his  surety, 
where  a  debt  is  due,  and  in  the  following  cases : 

1.  Where  such  officer,  agent.  Sec,  is  a  non-resident  of 
the  district  in  which  he  was  appointed,  or  has  departed 
therefrom  purposely  to  reside  permanently  out  of  the  same, 
or  to  defraud  the  United  States,  or  to  avoid  civil  process. 

2.  Where  he  or  either  of  his  sureties  has  conveyed  or  is 
about  to  convey  his  property,  or  has  removed  or  is  about 
to  remove  the  same  from  the  district  where  situated,  with 
intent  to  defraud  the  United  States.     (R.  S.,  §  924.) 

8 4L9.  The  Postmaster-General  is  required  to  direct  col- 
lectors and  receivers  of  public  moneys  within  the  District 
of  Columbia  or  the  cities  of  New  York,  Boston,  Philadel- 
phia, New  Orleans,  San  Francisco,  Baltimore,  Charleston, 
and  St.  Louis  to  pay  over,  at  least  as  often  as  once  in  each 
week,  to  the  Treasurer  of  the  United  States  at  the  Treasury 
in  said  District,  or  to  the  Assistant  Treasurers  in  those  cities 
respectively,  all  public  moneys  belonging  to  the  Post  Office 
Department  collected  by  them  or  in  their  hands.  (B.  S., 
§  3615.) 

800.  He  is  empowered  to  transfer  money  belonging 
to  the  postal  service  between  the  Treasurer,  Assistant  Treas- 
urers, and  designated  depositaries  at  his  discretion,  and  as 
the  safety  of  the  public  funds  and  the  convenience  of  the 
service  may  require ;  each  depositary  being  required  by 
law  to  keep  his  account  of  such  moneys  separate  and  dis- 
tinct from  his  account  of  other  public  moneys,  and  to 
make  his  returns  of  the  sums  received  and  paid  on  account 
of  the  postal  service  at  such  times  and  in  such  form  as 
the  Postmaster-General  may  direct.  (E.  S.,  §§  3641,  3642, 
8644.) 

851.  He  is  required  to  submit  to  Congress  at  each  an- 
nual session  an  estimate  of  the  amount  that  will  be  required 
21 


322  THE  EXECUTIVE  DEPARTMENTS. 

for  the  ensuing  fiscal  year,  under  each  of  the  several  heads 
specified  by  law. 

This  estimate  must  show  the  sums  paid  under  each  head, 
and  the  names  of  the  persons  to  whom  payments  are  made 
out  of  the  miscellaneous  fund,  excepting  the  names  of  those 
employed  in  detecting  depredations  on  the  mail  and  of 
other  confidential  agents.     (R.  S.,  §  3668.) 

8o2.  Payments  of  money  out  of  the  Treasury  on  ac- 
count of  the  postal  service  are  required  to  be  in  pursuance 
of  appropriations  made  by  law,  by  warrants  of  the  Post- 
master-General, registered  and  countersigned  by  the  Audi- 
tor for  the  Post  Office  Department,  and  expressing  on  their 
face  the  appropriation  to  which  they  should  be  charged. 
(R.  S.,  §  3674.     See  section  942,  post.) 

8^3.  It  is  provided  that  before  any  new  buildings  shall 
be  commenced,  for  the  use  of  the  United  States,  the  plans 
and  full  estimates  therefor  shall  be  prepared  and  approved 
by  the  Secretary  of  the  Treasury,  the  Postmaster-General, 
and  the  Secretary  of  the  Interior.     (R.  S.,  §  3734.) 

854.  He  is  required  to  establish  post  offices  at  all  such 
places  on  post  roads  established  by  law  as  he  may  deem 
expedient,  and  to  certify  such  establishment  to  the  Sixth 
Auditor.     (R.  S.,  §  3829.) 

855.  He  has  power  to  appoint  and  remove  postmasters 
of  the  fourth  class.  In  the  exercise  of  that  power  he  is  re- 
quired to  notify  the  Sixth  Auditor  of  any  appointment  or 
removal  he  may  make.     (Act  June  23,  1874,  §  80.) 

Postmasters  of  this  class  are  those  whose  annual  com- 
^  pensation,  exclusive   of  commissions   on   money   orders, 
amounts  to  less  than  one  thousand  dollars. 

856.  All  official  bonds  of  postmasters  are  subject  to 
the  approval  of  the  Postmaster-General,  and  must  be  in 
such  penalty  as  may  be  deemed  sufficient  by  him.  (R.  S., 
§  3834.) 


THE  POSTMASTER-GENERAL.  323 

And  all  commissions  of  postmasters  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, require  the  countersign  of  the  Postmaster-General, 
under  the  seal  of  his  department.  (Act  March  18,  1874, 
Stats.  18,  p.  23.) 

857.  Whenever  any  postmaster  is  required  to  execute 
a  new  bond,  all  payments  made  by  him  after  the  execution 
of  such  new  bond  may,  if  the  Postmaster-General  or  the 
Sixth  Auditor  deems  it  just,  be  applied  first  to  discharge 
any  balance  due  from  such  postmaster  under  his  old  bond. 
(R.  S.,  §  3835.) 

Upon  receiving  notice  from  the  Sixth  Auditor  of  a  defi- 
ciency in  the  accounts  of  a  postmaster,  the  Postmaster- 
General  is  required  to  advise  the  sureties,  by  the  deposit  of 
a  notice  in  the  post  office  at  Washington,  D.  C,  addressed 
to  them  at  their  respective  residences.  (Act  February  4, 
1879.) 

858.  The  Postmaster-General  is  required,  whenever  the 
office  of  any  postmaster  becomes  vacant  the  appointment 
to  which  devolves  upon  him,  to  supply  such  vacancy  with- 
out delay,  and  to  promptly  notify  the  Sixth  Auditor  of  the 
change.  He  may,  when  exigency  demands  it,  place  a  spe- 
cial agent  in  charge  of  a  vacant  post  office,  to  relieve  the 
sureties  of  the  late  incumbent  who  have  given  due  notice 
of  the  termination  of  their  responsibility.     (R.  S.,  §  3836.) 

859.  Whenever  he  has  been  notified  by  sureties  of 
their  desire  to  be  released  from  their  suretyship,  or  when 
he  deems  a  new  bond  necessary,  it  is  made  his  duty  to  re- 
quire the  postmaster  to  execute  a  new  bond,  with  security. 
(R.  S.,  §  3837.) 

800.  He  may  direct  the  hours  of  the  day  when  one  or 
more  persons  shall  be  on  duty  in  the  office  of  any  post- 
master for  the  purpose  of  receiving,  delivering,  making  up, 
and  forwarding  all  mail  matter  received  thereat.    (R.  S.,  § 


324  THE   EXECUTIVE   DEPARTMENTS. 

801.  He  may  prescribe  the  time  for  the  closing  of  the 
mails  before  the  time  of  the  departure  of  the  same,  not  ex- 
ceeding one  hour,  where  more  time  than  the  statutory  half 
an  Jiour  for  making  up  the  mail  is  insufficient.  (R.  S.,  § 
3840.) 

80S.  He  is  required  to  furnish  to  postmasters  at  the 
termination  of  each  route  a  schedule  of  the  time  of  the 
arrival  and  departure  of  the  mail  at  their  offices  respect- 
ively, and  to  give  them  notice  of  any  change  in  such  ar- 
rival and  departure  that  may  be  ordered.  It  is  his  duty 
also  to  cause  to  be  kept  and  returned  to  his  department, 
at  short  and  regular  intervals,  registers  showing  the  exact 
times  of  the  arrivals  and  departures  of  the  mail.  ( R.  S., 
§  384X.) 

803.  It  is  required  of  him  to  direct  the  form  in  which 
each  postmaster  shall  keep  a  record  of  all  postage  stamps, 
envelopes,  postal  books,  blanks,  and  property  received  by 
such  postmaster ;  also  of  all  receipts  of  money  for  postages 
and  box  rents,  and  of  all  other  receipts  on  account  of  the 
postal  service,  and  of  any  other  transaction  which  may  be 
required  by  the  department. 

804,  Also  to  direct  the  form  of  the  quarterly  account 
of  all  moneys  received  by  each  postmaster  which  the  latter 
is  required  to  render  to  the  department  under  oath.  ( R.  S., 
§§  3842,  3843.) 

80d.  The  Postmaster-Greneral  may  require  a  sworn 
statement  to  accompany  such  quarterly  account,  to  the 
effect  that  the  account  contains  a  true  statement  of  the 
entire  amount  of  postage,  box  rents,  charges,  and  moneys 
collected  or  received  during  the  quarter ;  that  the  affiant 
has  not  knowingly  delivered,  or  permitted  to  be  delivered, 
any  mail  matter  on  which  the  postage  was  not  at  the  time 
paid ;  that  such  account  exhibits  truly  and  faithfully  the 
entire  receipts  of  moneys  collected,  and  which  by  due 


THE   POSTMASTER-GENERAL.  325 

diligence  could  have  been  collected ;  and  that  the  credits 
claimed  in  such  account  are  just  and  right.  ( R..  S.,  §  3844.) 
806.  At  all  newly-established  post  offices  the  Post- 
master-Greneral  may  temporarily  fix  the  salary  until  the 
returns  shall  enable  him  to  properly  adjust  the  same.  (R. 
S.,  §  3853.)  ^ 

867.  He  is  required  to  readjust  the  salaries  of  post- 
masters of  the  first,  second,  and  third  classes  once  in  two 
years,  and  in  special  cases,  on  application  of  the  postmas- 
ter, as  much  oftener  as  the  Postmaster-Greneral  may  deem 
expedient.  The  first  class  embraces  those  whose  annual 
salaries  are  three  thousand  dollars  or  exceed  that  sum. 
The  second  class,  those  whose  annual  salaries  are  less  than 
three  thousand  and  not  less  than  two  thousand  dollars. 
The  third  class  includes  all  whose  annual  salaries  are  less 
than  two  thousand  and  not  less  than  one  thousand  dollars. 
Those  whose  annual  compensation,  exclusive  of  commis- 
sions on  money-order  business,  falls  below  this  last-named 
sum,  constitute  the  fourth  class.  In  order  to  make  this 
adjustment,  the  Postmaster-Greneral  is  required  to  ascer- 
tain and  fix  the  salaries  of  postmasters  of  the  first,  second, 
and  third  classes,  in  even  hundreds  of  dollars,  from  the 
quarterly  returns  made  by  the  postmasters  respectively  to 
the  Auditor  for  four  quarters  immediately  preceding  the 
adjustment,  according  to  a  certain  declared  scheme  based 
upon  the  box  rents  and  postal  revenues  of  the  office,  set 
out  specifically  in  section  7  of  the  act  of  July  12,  1876. 
(Stats.  19,  p.  81.) 

868.  When  it  appears  from  the  report  of  the  Auditor 
that  the  annual  compensation,  exclusive  of  commissions 
on  money-order  business,  of  a  postmaster  of  the  fourth 
class  amounts  to  one  thousand  dollars,  the  Postmaster- 
General  may  assign  such  postmaster  to  his  proper  class, 
and  fix  his  salary  accordingly.  (Act  July  12,  1876,  §  8 ; 
Stats.  19,  p.  81.) 


326  THE  EXECUTIVE  DEPARTMENTS. 

869.  He  is  required  to  make  all  orders  assigning  or 
changing  the  salaries  of  postmasters  in  writing,  to  record 
them  in  his  journal,  and  to  notify  the  change  to  the  Sixth 
Auditor.  Any  change  made  in  such  salaries  takes  effect 
the  first  day  of  the  quarter  next  following  the  order.  But 
in  cases  of  not  less  than  fifty  per  centum  increase  or  de- 
crease in  the  lousiness  of  any  post  office,  the  Postmaster- 
Greneral  may  adjust  the  salary  of  the  postmaster  at  such 
post  office,  to  take  effect  from  the  first  day  of  the  quarter 
or  period  the  returns  for  which  form  the  basis  of  readjust- 
ment.    (Id.,  §  10.) 

870.  He  is  empowered  to  designate  offices  at  the  in- 
tersections of  mail  routes  as  distributing  or  separating 
offices ;  and  where  any  such  office  is  of  the  third  or  fourth 
class  he  may  make  a  reasonable  allowance  to  the  post- 
master for  the  cost  of  clerical  services  necessary  to  the 
performance  of  the  duties.     (Id.,  §  11.) 

871.  He  may  allow  to  the  postmaster  at  New  York, 
and  to  the  postmasters  at  offices  of  the  first  and  second 
classes,  out  of  the  surplus  revenues  of  their  respective 
offices,  (that  is  to  say,  the  excess  of  box  rents  and  commis- 
sions over  and  above  the  salary  assigned  to  the  office,)  a 
reasonable  sum  for  the  necessary  cost  of  rent,  fuel,  lights, 
furniture,  stationery,  printing,  clerks,  and  necessary  inci- 
dentals, to  be  adjusted  on  a  satisfactory  exhibit  of  the 
facts.     (R.  S.,  §  3860.) 

873.  Whenever  unusual  business  accrues  at  any  post 
office,  he  is  required  to  make  a  special  order  allowing 
reasonable  compensation  for  clerical  service,  and  a  pro- 
portionate increase  of  salary  to  the  postmaster  during  the 
time  of  such  extraordinary  business.  And  he  may  discon- 
tinue any  post  office  where  the  safety  and  security  of  the 
postal  service  and  revenues  are  endangered  from  any  cause 
whatever,  or  where  the  efficiency  of  the  service  requires 


THE   POSTMASTER-GENERAL.  327 

such  discontinuance.  Thereupon  he  is  required  to  certify 
such  discontinuance  to  the  Sixth  Auditor.  (R.  S.,  §§  3863, 
3864.) 

873.  Under  certain  limitations,  he  is  required  to  es- 
tablish in  cities  containing  seventy-five  thousand  inhabit- 
ants, or  a  greater  number,  two  classes  of  letter  carriers,  to 
receive  as  compensation  one  thousand  and  eight  hundred 
dollars  per  year  respectively,  and  in  cities  of  a  smaller 
number  of  inhabitants  one  class,  to  receive  the  annual  pay 
of  eight  hundred  and  fifty  dollars ;  also,  on  recommenda- 
tion of  the  postriiaster  of  any  city,  to  establish  a  third  grade, 
to  be  known  as  auxiliaries,  at  the  annual  compensation  of 
four  hundred  dollars.     (Act  February  21,  1879.) 

874.  He  may  prescribe  a  uniform  dress  to  be  worn 
by  letter  carriers.     (R.  S.,  §  3867.) 

875.  He  may  establish  in  places  where  letter  carriers 
are  employed,  and  in  other  places  in  his  discretion,  receiv- 
ing boxes  for  the  deposit  of  mail  matter ;  and  he  is  re- 
quired to  cause  the  matter  deposited  therein  to  be  collected 
as  often  as  the  public  convenience  may  require.  ( R.  S., 
§  3868.) 

876.  His  approval  is  required  of  the  bonds  to  be 
given  by  letter  carriers,  in  accordance  with  law,  for  the 
safe  custody  and  delivery  of  mail  matter,  and  for  the  faith- 
ful disposition  of  public  moneys  received  by  them.  ( R.  S., 
§  3870.) 

877.  When  the  public  convenience  requires  it,  the 
Postmaster-General  may  establish  within  any  post-ofiice 
delivery  one  or  more  branch  offices,  for  the  receipt  and 
delivery  of  mail  matter  and  the  sale  of  stamps  and  envel- 
opes, under  such  rules  and  regulations  for  the  government 
thereof  as  he  may  devise.     (R.  S.,  §  3871.) 

878.  In  all  expenditures  for  letter  carriers,  branch 
offices,  and  receiving  boxes,  the  Postmaster-General  is  to 


328  THE   EXECUTIVE   DEPARTMENTS. 

be  guided  by  the  income  derived  from  postage  on  local 
mail  matter  at  each  office-     (R.  S.,  3874.) 

879.  He  is  required  to  furnish  the  post  offices  ex- 
changing mails  with  foreign  countries,  and  to  such  other 
offices  as  he  may  deem  expedient,  postal  balances  denom- 
inated in  grams  of  the  metric  system,  fifteen  grams  of 
which  shall  be  equivalent,  for  postal  purposes,  to  one-half 
ounce  avoirdupois,  and  so  on  in  progression.  (R.  S.,  § 
3880.) 

880.  He  may  prescribe  by  regulation  the  manner  of 
wrapping  and  securing  for  the  mails  all  matter  not  charge- 
able with  letter  postage,  so  that  it  may  be  conveniently 
examined  by  postmasters,  which  if  not  so  wrapped  and 
secured  is  to  be  subject  to  letter  {)ostage.     (R.  S.,  §  3881.) 

881.  He  may  provide  by  order  the  terms  upon  which 
route  agents  may  receive  from  publishers  or  any  news 
agent  in  charge  thereof,  and  deliver  the  same  as  directed, 
if  presented  and  called  for  at  the  mail  car  or  steamer, 
packages  of  newspapers  and  other  periodicals  not  received 
from  or  intended  for  delivery  at  any  post  office.  ( R.  S.> 
§  3889.) 

8  83.  He  may  direct  the  return  of  or  other  disposition 
of  any  letter  packet  or  other  matter  seized  or  detained  for 
violation  of  law.     (R.  S.,  §  3895.) 

883.  He  may  provide  by  regulation  for  the  transmis- 
sion of  unpaid  and  duly  certified  letters  of  soldiers,  sailors, 
and  marines  in  the  service  of  the  United  States  to  their 
destination.     (R.  S.,  3902.) 

884.  Also  for  carrying  small  newspapers,  issued  less 
frequently  than  once  a  week,  in  packages  to  one  address, 
from  a  known  office  of  publication  to  regular  subscribers, 
at  the  rate  of  one  cent  for  each  four  ounces  or  fraction 
thereof.     (R.  S.,  §  3907.) 

885.  He  may  also  prescribe  by  regulation  the  form 


THE   POSTMASTER-GENERAL.  329 

of  an  affidavit  to  be  taken  by  the  publisher,  or  his  em- 
ployee, or  any  news  agent  of  any  newspaper  or  other 
periodical  entitled  to  the  benefit  of  the  law  relating  to  the 
mailing  of  newspapers  to  subscribers,  to  the  effect  that 
they  will  not  send  through  the  mails  without  prepayment 
of  postage  any  copies  of  such  newspaper  or  periodical, 
except  to  news  agents  or  regular  subscribers  thereto.  (Act 
June  23,  1874,  Stats.  18,  p.  233.) 

880.  It  is  made  the  duty  of  the  Postmaster-General 
to  prepare  postage  stamps  of  suitable  denominations,  which 
when  attached  to  mail  matter  shall  be  evidence  of  the  pay- 
ment of  postage  thereon.  He  is  required  to  provide  suit- 
able letter  and  newspaper  envelopes  containing  such  water- 
marks or  other  guards  against  counterfeiting  as  he  may 
deem  expedient;  also  having  postage  stamps  with  suit- 
able device  and  denominations  impressed  thereon.  He  is 
directed  to  issue  and  furnish  to  the  public,  with  postage 
stamps  impressed  thereon,  postal  cards  of  convenient  size, 
which,  under  regulations  to  be  prescribed  by  him,  are  to  be 
transmitted  through  the  mails  at  a  postage  charge  of  one 
cent  each.  He  may  from  time  to  time  adopt  such  improve- 
ments in  postage  stamps  and  stamped  envelopes  as  may  be 
deemed  advisable,  subject  to  all  provisions  of  law  as  to 
these  matters.  He  is  directed  to  furnish  postage  stamps 
and  stamped  envelopes  to  all  postmasters,  to  be  kept  for 
sale  at  all  post  offices.  He  may  make  f  ules  for  the  sale  of 
postage  stamps  at  a  discount,  not  to  exceed  five  per  centum, 
under  certain  restrictions,  to  designated  agents  who  will 
agree  to  sell  again  without  discount.    (R.  S.,  §§  3914-3919.) 

887.  He  is  required  to  cause  the  preparation  also  of 
a  special  stamp  or  stamped  envelope,  to  be  used  only  for 
official  mail  matter,  for  each  of  the  executive  departments. 
Stamps  and  envelopes  of  this  character  are  to  be  furnisheji 
by  the  Postmaster-General  upon  the  requisitions  of  the 


330  THE   EXECUTIVE  DEPARTMENTS. 

respective  heads  of  departments,  not  exceeding  in  amount 
the  annual  estimate  therefor,  and  the  sum  is  to  be  credited 
to  the  appropriation  for  the  postal  service.  (Act  February 
27,  1877,  Stats.  19  ;  act  June  19,  1878  ;  E.  S.,  §  3915.) 

888.  The  Postmaster-Greneral  may  establish  a  uniform 
system  of  registration  for  the  greater  security  of  valuable 
mail  matter,  and  prescribe  the  manner  in  which  the  fees 
received  shall  be  accounted  for.     (R.  S.,  §§  3926,  3927.) 

889.  He  may,  upon  satisfactory  evidence  that  any  per- 
son is  engaged  in  conducting  a  fraudulent  lottery  or  device 
for  obtaining  money  through  the  mails,  instruct  postmasters 
at  any  post  offices  at  which  registered  letters  arrive,  directed 
to  any  such  person,  to  return  all  such  letters  to  the  post- 
masters of  offices  at  which  they  were  originally  mailed, 
with  the  word  "fraudulent"  plainly  written  or  stamped 
thereon,  to  be  returned,  under  such  regulations  as  he  may 
establish,  to  the  writers  thereof.     (R.  S.,  §  3929.) 

890.  He  may  direct  the  publication,  not  oftener  than 
once  a  week,  of  non-delivered  letters  at  any  post  office,  by 
a  written  list  posted  in  some  public  place  ;  or  when  he  shall 
deem  it  for  the  public  interest,  he  may  direct  the  publica- 
tion of  such  list  in  the  daily  or  weekly  newspaper  pub- 
lished within  the  post-office  delivery  having  the  largest 
circulation  within  the  same  ;  or  when  there  is  no  newspaper 
published  within  such  delivery,  he  may  direct  publication 
in  a  newspaper  published  in  an  adjoining  delivery  having 
the  largest  circulation  within  the  delivery  of  the  post  office 
publishing  the  list.  In  case  of  dispute  as  to  the  circulation 
of  competing  newspapers,  he  may  receive  evidence  and 
decide  thereon.     (R.  S.,  §  3930.) 

891.  It  is  made  his  duty  to  prescribe  regulations  where- 
by all  postmasters  shall  be  authorized  to  register,  without 
payment  of  the  registration  fee,  all  letters  containing  frac- 
tional or  other  currency  of  the  United  States  which  shall 


THE   POSTMASTER-GENERAL.  831 

be  sent  to  the  Treasurer  of  the  United  States  for  redemp- 
tion ;  also  whereby  the  postmaster  at  Washington,  in  the 
District  of  Columbia,  shall  register  in  like  manner  all  letters 
containing  new  currency  returned  for  currency  redeemed, 
which  shall  be  received  by  the  latter  in  sealed  packages, 
marked  with  the  word  "  register"  over  the  official  signature 
of  the  Treasurer.     (R.  S.,  §  3932.) 

89^.  He  may  regulate  the  period  during  which  unde- 
livered letters  shall  remain  in  any  post  office  and  when  they 
shall  be  returned  to  the  Dead-Letter  Office,  and  provide  for 
their  return  to  the  writers  when  they  cannot  be  delivered 
to  the  parties  addressed.     (R.  S.,  §  3936.)* 

893.  Before  making  any  contract  for  carrying  the  mail, 
the  Postmaster-General  is  required  to  give  public  notice, 
by  advertising  once  a  week  for  six  weeks  in  one  or  more 
newspapers,  not  exceeding  five,  published  in  the  State  or 
Territory  where  the  service  is  to  be  performed,  one  of  which 
shall  be  published  at  the  seat  of  government  of  such  State 
or  Territory.  Such  notice  must  describe  the  route,  the 
time  at  which  the  mail  is  to  be  made  up,  the  time  at  which 
it  is  to  be  delivered,  and  the  frequency  of  the  service.  He 
may,  however,  enter  into  contracts  for  carrying  the  mails 
with  railway  companies  without  advertising  for  bids  there- 
for ;  also  with  the  owner  or  master  of  any  steamboat  plying 
upon  the  waters  of  the  United  States,  or  of  any  steamship 
or  other  vessel  plying  between  ports  of  the  United  States, 
for  carrying  the  mail  for  any  length  of  time  less  than  four 
years.     (R.  S.,  §§  3941,  3942,  3943.) 

894.  He  is  required  to  have  recorded  in  a  book  to  be 
kept  for  the  purpose  a  true  and  faithful  abstract  of  all  pro- 
posals made  to  him  for  carrying  the  mails,  giving  the  name 
of  the  party  offering,  the  terms  of  the  offer,  the  sum  to  be 
paid,  knd  the  time  the  contract  is  to  continue ;  also  to  keep 
on  file  the  originals  of  all  such  proposals.     (R.  S.,  §  3948.) 


332  THE   EXECUTIVE   DEPARTMENTS. 

895.  He  may  disregard  the  bid  of  any  person  who  has 
willfully  or  negligently  failed  to  perform  a  former  contract. 
(R.  S.,  §  39^9.) 

890.  Upon  the  failure  of  an  accepted  bidder  to  enter 
into  contract  and  to  commence  the  performance,  or  upon 
the  failure  of  the  contractor  to  carry  out  his  contract  after 
entering  upon  its  performance,  the  Postmaster-General  is 
required  to  contract  with  the  next  lowest  bidder  who  will 
consent  to  do  so,  unless  that  officer  considers  the  bid  too 
high,  in  which  case  he  is  directed  to  readvertise.  He  may 
make  a  temporary  contract  without  advertising,  at  a  price 
not  exceeding  that  paid  during  the  last  preceding  contract 
term,  for  not  exceeding  six  months,  whenever  an  accepted 
bidder  shall  fail  to  enter  into  contract,  or  shall  fail  or  re- 
fuse to  complete  his  contract,  or  when  a  new  route  shall  be 
established,  or  when  from  any  cause  there  shall  not  be  a 
contractor  legally  bound.  He  may  continue  a  regular  con- 
tract beyond  its  terms,  not  exceeding  six  months,  until  a 
new  one  shall  be  made.     (Act  June  23,  1874.) 

897.  He  is  required  to  cause  an  advertisement  of  the 
mail  lettings  of  each  State  and  Territory  to  be  posted  up 
conspicuously  in  each  post  office  for  at  least  sixty  days 
before  the  time  of  such  letting.     (Act  March  3,  1875.) 

He  may,  whenever  he  shall  deem  it  consistent  with  the 
public  interest,  accept  new  surety  upon  any  contract  exist- 
ing or  hereafter  made  for  carrying  the  mails,  in  substitu- 
tion for  and  release  of  any  existing  surety.    (R.  S.,  §  3955.) 

898.  He  is  authorized  to  make  deductions  from  the 
pay  of  contractors  for  failures  to  perform  service  accord- 
ing to  contract,  and  to  impose  fines  upon  them  for  other 
delinquencies.  He  may  deduct  the  price  of  the  trip  in 
all  cases  where  it  is  not  performed,  and  not  exceeding 
three  times  the  price,  if  the  failure  be  occasioned  by  the 
fault  of  the  contractor  or  carrier.     (R.  S.,  §  3962.) 


THE   POSTMASTER-GENERAL.  333 

899.  It  is  made  the  duty  of  the  Postmaster-General  to 
provide  for  carrying  the  mail  on  all  post  roads  established 
by  law  as  often  as  he  may  think  proper,  having  due  regard 
to  productiveness  and  other  circumstances ;  also  to  cause 
a  mail  to  be  carried  from  the  nearest  post  office  on  any  es- 
tablished post  road  to  the  court-house  of  any  county  in  the 
United  States  which  is  without  a  mail.  (R.  S.,  §§  3965, 
3986.) 

900.  He  may  contract  for  carrying  the  mail  on  the 
navigable  canals  of  the  several  States,  or  on  any  plank 
road,  when  in  his  opinion  the  public  interest  or  convenience 
requires  it ;  also  on  any  steamboat  or  other  vessel  used  as 
a  packet  on  any  of  the  waters  of  the  United  States.  (E. 
S.,  §§  3967,  3968.) 

901.  He  may,  if  he  deems  it  for  the  public  interest, 
make  contracts,  for  any  period  not  exceeding  one  year,  for 
carrying  the  mails  in  steamships  between  any  of  the  ports 
of  the  United  States. 

He  may  enter  into  contracts  for  extending  the  line  of 
posts  to  supply  mails  to  post  offices  not  on  any  established 
route,  and  as  a  compensation  may  allow  not  exceeding  two- 
thirds  of  the  salary  paid  to  the  postmaster  at  such  special 
offices.  When  there  is  more  than  one  road  between  places 
designated  by  law  for  a  post  road,  he  may  direct  the  one 
to  be  considered  the  post  road ;  and  he  may  change  the 
terminus  of  a  post  road  connecting  with  or  intersecting 
railways  when  the  service  can  be  thereby  improved.  When 
the  postal  service  cannot  be  safely  continued,  the  revenues 
collected,  or  the  laws  maintained  on  any  post  road,  he  may 
discontinue  the  service  on  such  road,  or  any  part  thereof, 
until  the  same  can  be  safely  restored.  (R.  S.,  §§  3970- 
3974.) 

90S.  The  Postmaster-Greneral  may,  when  he  deems  it 
advisable,  contract  for  ^he  transportation  of  the  mails  to 


334  THE  EXECUTIVE  DEPARTMENTS. 

and  from  any  post  office ;  but  where  such  service  is  per- 
formed over  a  route  not  established  by  law,  he  is  required 
to  report  the  same  to  Congress  at  its  ensuing  meeting. 
(R.  S.,  §  3975.) 

903.  He  may  pay  the  master  or  owner  of  any  vessel 
not  regularly  employed  in  carrying  the  mail  two  cents  for 
each  letter  carried  by  such  vessel  between  ports  or  places 
in  the  United  States,  or  from  any  foreign  port  to  any  port 
in  the  United  States,  all  such  letters  to  be  deposited  in  the 
post  office  at  the  port  of  arrival.     (R.  S.,  §  3978.) 

904:.  He  may  instruct  a  special  agent  of  the  Post  Office 
Department  to  make  examination  for  and  to  seize  letters 
which  may  be  on  board  of,  and  conveyed  contrary  to  law 
by,  vessels  arriving  within  any  port  or  collection  district 
of  the  United  States.     (R.  S.,  §  3989.) 

905,  When  the  amount  of  mail  matter  to  be  carried 
on  any  mail  route  is  so  great  as  to  seriously  retard  the 
progress  or  endanger  the  security  of  the  letter  mail,  or 
materially  increase  the  cost  of  carriage  at  the  ordinary  rate 
of  speed,  the  Postmaster-Gleneral  may  provide  for  the  sep- 
arate carriage  of  the  letter  mail  at  the  usual  rate  of  speed ; 
but  the  other  mail  matter  shall  not  be  delayed  any  more 
than  is  absolutely  necessary,  having  due  regard  to  the  cost 
of  expedition  and  the  means  at  his  disposal  for  effecting  the 
the  same.     (R.  S.,  §  3994.) 

906.  The  Postmaster-General  is  required  to  arrange 
the  railway  routes  on  which  the  mail  is  carried,  including 
those  in  which  the  service  is  partly  by  railway  and  partly 
by  steamboat,  into  three  classes,  according  to  the  size  of 
the  mails,  the  speed  at  which  they  are  carried,  and  the  fre- 
quency and  importance  of  the  service,  so  that  each  railway 
company  shall  receive,  as  far  as  practicable,  a  proportion- 
ate and  just  rate  of  compensation  according  to  the  service 
performed,  within  the  limits  of  compensation  per  mile  pre- 
scribed by  law.     (R.  S.,  §  3997.) 


THE   POSTMASTER-GENERAL.  335 

907.  In  case  he  is  unable  to  contract  for  carrying  the 
mail  on  any  railway  route  at  a  compensation  not  exceed- 
ing the  maximum  rates  as  provided  by  law,  or  at  a  rate 
that  he  may  deem  reasonable,  he  is  authorized  to  separate 
the  letter  mail  from  the  other  mail  and  contract  for  its  car- 
riage by  horse  expraes  or  otherwise  at  the  greatest  speed 
reasonably  attainable,  and  for  the  other  mail  in  wagons  or 
otherwise  at  a  slower  rate.     (R.  S.,  §  3999.) 

008.  He  may  fix  the  rate  of  compensation  to  be  paid 
railway  companies  carrying  the  mail,  which  have  received 
land  grants  from  the  United  States,  until  Congress  shall 
provide  the  rate  of  payment  for  such  service.  He  may 
also  readjust  the  compensation  to  be  paid  for  transportation 
of  mails  on  railroad  routes  upon  the  conditions  and  at  the 
rates  prescribed  by  law.     (R.  S.,  §§  4001-4005.) 

009.  The  Postmaster-Greneral,  after  advertising,  is  em- 
powered to  enter  into  contracts  or  make  suitable  arrange- 
ments for  transporting  the  mail  through  any  foreign  country, 
between  any  two  points  in  the  United  States,  such  trans- 
portation to  be  by  the  speediest,  safest,  and  most  economical 
route ;  and  he  may  revoke  such  contracts  when  any  new 
road  or  canal  shall  be  opened  affording  a  speedier,  more 
economical,  and  equally  safe  transportation,  a  fair  indem- 
nity in  such  case  to  be  awarded  the  contractor.  He  may 
also,  after  advertising,  enter  into  contracts  for  the  trans- 
portation of  the  mails  to  any  foreign  country  when  the 
public  interests  requu-e  it.     (R.  S.,  §§  4006,  4007.) 

010.  He  may  impose  fines  on  contractors  for  transport- 
ing the  mail  between  the  United  States  and  any  foreign 
country,  for  any  unreasonable  or  unnecessary  delay  in  the 
departure  of  such  mail  or  the  performance  of  the  trip,  not 
exceeding  for  any  one  default  one-half  the  contract  price 
for  the  trip.     (R.  S.,  §  4010.) 

Oil.  He  may,  by  and  with  the  advice  and  consent  of  the 


THE   EXECUTIVE   DEPARTMENTS. 


President,  make  an^angements  for '  allowing  the  mails  of 
Canada  or  of  any  country  adjoining  the  United  States  to  be 
transported  over  the  territory  of  the  United  States  from 
one  point  in  said  country  to  any  otlier  point  in  the  same, 
at  the  expense  of  that  country,  upon  obtaining  a  like  priv- 
ilege in  the  interests  of  the  United  States ;  subject,  how- 
ever, to  be  annulled  by  the  President  or  Congress.  (R.  S., 
§  4012.) 

912.  He  may  empower  United  States  consuls  to  pay  the 
foreign  postage  on  letters  destined  for  the  United  States 
which  may  be  detained  at  foreign  ports  for  non-payment  of 
postage.     (R.  S.,  §  4014.) 

013.  He  is  authorized  to  charge  upon  and  collect  from 
all  letters  and  other  mailable  matter  carried  to  or  from  any 
United  States  port,  in  any  foreign  vessel,  the  same  rates  of 
charge,  for  American  postage,  imposed  by  the  govern- 
ment to  which  such  foreign  packet  or  other  vessel  belongs, 
upon  letters  and  other  mailable  matter  conveyed  to  or  from 
such  foreign  country  in  American  packets  or  other  vessels 
as  the  postage  of  such  government,  and  at  any  time  to 
revoke  the  charges  so  made  by  him.     (R.  S.,  §  4015.) 

014:.  He  is  authorized  to  employ  two  special  agents  for 
the  Pacific  coast,  and  such  number  of  other  special  agents 
as  the  good  of  the  service  and  the  public  interest  may  re- 
quire. He  may  also  employ  the  Assistant  Postmasters- 
Greneral  and  the  superintendents  in  his  department  as 
special  agents,  and  allow  them  their  necessary  travelling 
expenses  when  so  employed.     (R.  S.,  §§  4017,  4018.) 

Olo.  He  may  also  employ  the  following  agents,  viz.: 

Two  to  superintend  the  railway  postal  service. 

Resident  agents  at  the  ports  of  Panama  and  Aspinwall 
in  New  Grenada,  Havana  in  Cuba,  St.  Thomas,  and  at  such 
other  foreign  ports  at  which  United  States  mail  steamers 
touch  to  land  and  receive  mails  as  may  be  in  the  interests 
of  the  foreign  mail  service. 


THE   POSTMASTER-GENERAL.  337 

One  agent  in  charge  of  the  mail  on  board  of  each  of  the 
mail  steamers  on  the  routes  between  San  Francisco,  Japan, 
and  China,  between  San  Francisco  and  Honolulu,  and  be- 
tween New  York  and  Rio  Janeiro. 

He  may  establish,  in  connection  with  the  mail  steamship 
service  to  Japan  and  China,  a  general  postal  agency  at 
Shanghai  or  at  Yokohama,  with  such  branch  agencies  at 
any  other  ports  of  China  and  Japan  as  he  shall  deem  nec- 
essary.    (R.  S.,  §§  4020-4023.) 

He  may  employ  as  many  route  agents  as  may  be  neces- 
sary for  the  prompt  and  safe  transportation  of  the  mail, 
and  he  may  appoint  clerks  for  the  purpose  of  assorting  and 
distributing  the  mail  in  railway  post  offices.  (R.  S.,  §§ 
4024,  4025.) 

916.  He  may  by  letter,  under  his  hand,  to  be  filed 
with  the  department  records,  authorize  any  special  agent 
or  other  officer  of  the  Post  Office  Department  to  make 
searches  for  mailable  matter  transported  in  violation  of 
law.     (R.  S.,  §§  4026.) 

OIT.  He  may  establish  and  maintain,  under  rules  and 
regulations,  a  uniform  money-order  system  at  all  suitable 
post  offices,  to  be  designated  "  money-order  offices." 

He  is  empowered  likewise  to  conclude  arrangements 
with  the  post  departments  of  foreign  governments,  with 
which  postal  conventions  have  been  or  may  be  concluded, 
for  the  exchange,  by  means  of  postal  orders,  of  small  sums 
of  money,  not  exceeding  fifty  dollars  in  amount,  at  such 
rates  of  exchange  and  compensation  to  postmasters,  and 
under  such  rules,  as  he  may  deem  expedient,  the  expense 
of  establishing  and  conducting  the  system  to  be  paid  out 
of  the  proceeds  of  the  money-order  business.  (R.  S-,  §§ 
4027,  4028.) 

018.  He  is  required  to  supply  money-order  offices  with 
blank  forms  of  applications  for  money  orders,  the  applica- 
22 


338         THE  EXECUTIVE  DEPARTMENTS. 

tions  made  thereon  to  be  preserved  by  the  postmaster  re- 
ceiving them  for  such  time  as  the  Postmaster-General  may 
prescribe ;  also  to  furnish  printed  or  engraved  forms  for 
money  orders.     (R.  S.,  §§  4033,  4034.) 

919.  He  may  cause  new  money  orders  to  issue  in  lieu 
of  those  which  have  become  invalid  because  of  presenta- 
tion beyond  the  expiration  of  a  year  from  date,  also  be- 
cause of  more  than  one  indorsement,  and  of  those  which 
have  been  lost.     (R.  S.,  §§  4036,  4037,  4040.) 

9^0.  He  may  forbid  the  payment  of  a  money  order 
issued  in  favor  of  a  person  who  he  is  satisfied  is  engaged 
in  conducting  a  fraudulent  lottery  or  other  fraudulent 
scheme  for  obtaining  money  through  the  mails.  (R.  S., 
§  4041.) 

9^1.  The  Postmaster-General  is  authorized  to  transfer 
money-order  funds  from  one  postmaster  to  another,  and 
from  the  postal  revenue  to  the  money-order  funds  ;  and  he 
may  transfer  money-order  funds  to  creditors  of  the  depart- 
ment, to  be  replaced  by  equivalent  transfers  from  the  postal 
.revenues.  He  may  transfer  to  the  postmaster  at  any  money- 
order  office,  by  warrant  on  the  Treasury,  countersigned  by 
the  Sixth  Auditor  and  payable  out  of  the  postal  revenues, 
such  sum  as  may  be  required,  over  and  above  the  current 
revenues  at  his  office,  to  pay  the  money  orders  drawn  upon 
that  office.     (R.  IS.,  §§  4042,  4043.) 

9^3.  He  is  directed  by  law  to  require  each  postmaster 
at  a  money-order  office  to  render  weekly,  semi-weekly,  or 
daily  accounts  of  all  money  orders  issued  and  paid,  of  all 
fees  received  for  issuing  them,  of  all  transfers  and  pay- 
ments made  from  money-order  funds,  and  of  all  money 
received  to  be  used  for  the  payment  of  money  orders  or 
on  account  of  money-order  business.     (R.  S.,  §  4044.) 

993.  At  the  request  of  the  Postmaster-General,  the  law 
requires  that  an  account  shall  be  opened  at  the  Treasury 


THE   POSTMASTER-GENERAL.  389 

of  "money-order  funds"  deposited  by  postmasters  to  the 
credit  of  himself,  and  of  drafts  against  the  amount  so  de- 
posited drawn  by  him  and  countersigned  by  the  Sixth 
Auditor.     (R.  S.,  §  4045.) 

9^4.  He  is  authorized  to  pay  out  of  the  proceeds  of 
the  money-order  business  the  cost  of  stationery  and  such 
incidental  expenses  as  are  necessary  for  the  transaction  of 
that  business.     (R.  S.,  §  4048.) 

9S0.  He  is  required  to  place  to  the  credit  of  the  Treas- 
urer  of  the  United  States,  for  the  service  of  the  Post  Office 
Department,  the  net  proceeds  of  the  money-order  business  ; 
also  certain  miscellaneous  receipts  derived  from  unclaim- 
ed property,  fines  and  penalties  imposed  for  violations  of 
postal  laws,  and  sales  of  waste  paper  or  other  public  prop- 
erty of  this  department.     (R.  S.,  §  4050.) 

9^6.  He  may  advance  necessary  sums  to  special  agents 
to  defray  the  expenses  of  the  investigation  of  mail  depre- 
dations, the  examination  of  post  routes  and  offices,  and  of 
other  like  services,  to  be  charged  to  them  by  the  Auditor 
and  to  be  accounted  for.  He  may  transfer  debts  due  to 
the  department  from  postmasters  and  others  to  such  con- 
tractors as  have  given  bonds  with  security  to  refund  any 
money  that  may  come  into  their  possession  over  and  above 
the  amount  found  due  them  on  settlement  of  their  accounts ; 
such  transfers  to  be  only  in  satisfaction  of  legal  demands 
for  which  appropriations  have  been  made.  (R.  S.,  §§  4055, 
4056.) 

9^7.  Whenever  the  Postmaster-General  is  satisfied  that 
his  department  has  received  money  or  property  stolen  from 
the  mail,  or  the  proceeds  thereof,  he  may  upon  satisfactory 
evidence  as  to  the  owner  deliver  the  same  to  him.  (R.  S., 
§  4058.) 

938.  He  may  dispose  of  any  quarterly  returns  of  mails 
sent  or  received,  preserving  the  accounts  current  and  ac- 


340  THE   EXECUTIVE   DEPARTMENTS. 

companying  vouchers  entire,  for  two  years,  and  use  such 
portions  of  the  proceeds  as  may  be  necessary  to  defray  the 
cost  of  separating  and  disposing  of  them.  He  may  by 
regulations  provide  for  the  disposal  of  printed  and  mail- 
able matter  which  may  remain  in  any  post  office  or  in  the 
department  not  called  for  by  the  party  addressed,  except- 
ing where  the  publisher  of  any  newspapers  or  periodicals 
uncalled  for  shall  pay  the  postage  due  thereon.  (R.  S.,  §§ 
4060,  4061.) 

Office  of  the  Fibst  Assistant  Postmaster -GfeNERAL. 

9S0.  This  is  commonly  called  the  Appointment  Office, 
as  it  has  charge  of  all  matters  relating  to  the  appointment 
of  postmasters  and  employees. 

It  is  charged  with  the  direction  and  supervision  of  the 
duties  devolving  upon  the  following-named  divisions  of  the 
department,  viz.: 

1.  Free  Delivery. 

2.  Blank  Division. 

3.  Appointments. 

4.  Bond. 

5.  Salary  and  Allowance. 

These  divisions  transact  the  numerous  and  varied  details 
of  the  business  assigned  to  this  office.  The  general  duties 
of  the  same  may  be  described  in  their  order,  as  follow : 

I.  The  Free  Delivery. 

930.  This  division,  as  its  name  imports,  has  charge  of 
the  free-delivery  system.  By  a  provision  of  the  act  of  March 
3,  1873,  letter  carriers  may  be  employed  as  public  conven- 
ience may  require  at  every  place  containing  a  population 
of  not  less  than  twenty  thousand  within  the  delivery  of  its 
office.  Beceiving  boxes,  from  which  letters  shall  be  ^col- 
lected  at  convenient  and  stated  times  by  the  carriers  at 


FIRST   ASSISTANT   POSTMASTER-GENERAL.  341 

such  places,  are  established  at  convenient  points  within  the 
range  of  delivery  of  such  offices.  It  is  within  the  duties  of 
this  division  to  establish  this  system  throughout  the  country, 
to  superintend  and  carry  it  on,  including  the  appointment 
and  regulation  of  letter  carriers,  the  allowance  of  expenses, 
and  all  the  details  required  to  secure  its  efficiency  accord- 
ing to  the  spirit  and  intent  of  the  law  which  designed  the 
same  for  the  convenience  and  comfort  of  the  people. 

II.  The  Blank  Agency. 

931.  By  a  provision  of  the  Kevised  Statutes  the  Post- 
master-Greneral  is  authorized  to  establish  at  Washington  a 
Blank  Agency  for  the  Post  Office  Department.  It  is  under 
charge  of  an  officer  provided  for  by  law  under  the  name  of 
Superintendent  of  the  Blank  Agency.  His  duties  or  those 
of  the  agency  are  not  defined  by  statute.  They  are,  how- 
ever, designated  by  the  head  of  the  department,  and  consist 
of  the  care  and  distribution  of  blank  forms,  wi'apping-paper, 
twine,  letter  balances,  cancelling  stamps,  and  other  articles 
similar  in  character,  and  the  supervision  of  all  matters  per- 
taining to  the  same. 

III.  The  Appointment  Division. 

9S2,  This  division  transacts  the  details  regarding  the 
establishment  and  discontinuance  of  post  offices,  the  change 
of  name  and  site  of  those  already  established,  the  appoint- 
ment of  postmasters  of  the  different  classes  heretofore 
described,fof  special  agents  of  the  mail  service,  railway 
postal  clerks,  route  messengers,  and  of  all  employees  of 
the  department. 

• 
IV.  The  Bond  Division. 

933.  This  division  issues  commissions  to  postmasters ; 
prepares  and  sends  out  for  execution  official  bonds  of  post- 


342        THE  EXECUTIVE  DEPARTMENTS. 

t 
masters  and  their  assistants  ;  also  oaths  of  office  and  papers 
required  for  the  qualification  of  these  officers.     It  receives 
the  bonds  and  oaths  so  executed,  and  enters  and  files  the 
same. 

V.  The  SAiiABY  and  Allowance  Division. 

934.  This  division  is  charged  with  the  details  required 
in  the  adjustment  and  readjustment  of  salaries  of  post- 
masters, and  in  the  allowances  made  for  expenditures  of 
postmasters  for  fuel,  lights,  clerks,  <fec.  The  control  of  the 
head  of  the  department  over  these  subjects  is  explained 
heretofore,  in  part,  in  sections  866,  867,  868,  and  869. 

Office  of  the  Second  Assistant  Postmaster-General. 

930.  To  this  office,  commonly  known  as  the  Contract 
Office,  is  assigned  the  general  supervision  of  all  matters 
relating  to  the  inland  mail  service,  and  it  has  charge  of  the 
follo\ving-named  divisions  of  the  department : 

1.  Contract  Division. 

2.  Division  of  Railway  Classification. 

3.  Railway  Mail  Service. 

4.  Inspection  Division. 

5.  Mail  Equipment  Division. 

The  duties  of  these  several  divisions  are  as  follow : 

I.  The  Contract  Division. 

936.  To  this  division  is  assigned  the  business  of  ar- 
ranging the  mail  service  of  the  United  States  ^d  placing 
the  same  under  contract,  embracing  all  correspondence 
and  proceedings  respecting  the  frequency  of  trips,  mode 
of  conveyance,  times  of  departures*  and  arrivals  on  all 
the  routes,  the  course  of  the  mails  between  the  different 
sections  of  the  country,  the  points  of  mail  distribution,  and 
the  regulations  for  the  government  of  the  domestic  mail 


SECOND   ASSISTANT   POSTMASTER-GENERAL.  343 

service  of  the  United  States.  It  prepares  the  advertise- 
ments for  mail  proposals,  receives  the  bids,  and  has  charge 
of  the  annual  and  occasional  mail  lettings  and  the  adjust- 
ment and  execution  of  the  contracts.  It  receives  all  appli- 
cations for  mail  service  or  change  of  mail  arrangements 
and  for  mail  messengers.  All  claims  are  considered  by 
this  division  for  transportation  service.  From  this  office 
all  postmasters  at  the  ends  of  routes  receive  the  statement 
of  mail  arrangements  prescribed  for  the  respective  routes. 
It  reports  weekly  to  the  Sixth  Auditor  all  contracts  exe- 
cuted and  all  orders  affecting  the  accounts  for  mail  trans- 
portation ;  it  prepares  the  statistical  exhibits  of  the  mail 
service  and  the  reports  to  Congress  of  the  mail  lettings, 
giving  a  statement  of  each  bid ;  also  of  the  contracts 
made,  the  new  service  originated,  the  curtailments  ordered, 
and  the  additional  allowances  granted  within  the  year. 

II.  The  Division  of  Railway  Classification. 

937.  This  division  has  charge  of  the  classification  of 
railroad  routes  and  the  adjustment  of  the  rates  of  pay  for 
the  transportation  of  mails  thereon,  according  to  the 
amount  and  character  of  the  service. 

in.  The  Railway  Mail  Service. 

938.  To  this  division  is  assigned  the  general  super- 
vision of  the  railway  post-office  clerks,  route  agents,  mail- 
route  messengers,  and  local  mail  agents ;  also  the  distribu- 
tion and  dispatch  of  mails  in  all  post  offices  and  on  rail- 
road and  steamboat  routes.  It  considers  the  cause  of  and 
applies  a  remedy  for  delays  or  irregularities  in  the  delivery 
and  transmission  of  mails  on  railroads. 

IV.  The  Inspection  Division. 

939.  To  this  division  is  assigned  the  duty  of  receiving 


344  THE   EXECUTIVE   DEPARTMENTS. 

and  examining  the  registers  of  the  arrivals  and  departures 
of  the  mails,  certificates  of  the  service  of  route  agents,  and 
reports  of  mail  failures ;  of  noting  the  delinquencies  of  con- 
tractors, and  preparing  cases  thereon  for  the  action  of  the 
Postmaster-Greneral.  It  furnishes  blanks  for  mail  registers, 
reports  mail  failures,  and  performs  other  duties  which  may 
be  necessary  to  secure  a  faithful  and  exact  performance  of 
all  mail  contracts  and  service. 

V.  The  Mail  Equipment  Division. 

940.  To  this  division  is  assigned  the  duty  of  issuing 
mail  locks,  mail  pouches  and  sacks,  and  of  the  construc- 
tion of  mail-bag  catchers.  It  gives  attention  also  to  the 
repairs  of  mail  bags  at  the  repair  shops  in  certain  of  the 
post  offices  designated  to  receive  damaged  mail  pouches. 

Office  op  the  Third  Assistant  Postmaster-General. 

04:1.  This  office  includes  the  Divisions  of  Finance ; 
Postage  Stamps,  Stamped  Envelopes,  and  Postal  Cards; 
Registered  Letters ;  Dead  Letters ;  and  Files,  Records,  and 
Mails.     It  is  commonly  known  as  the  Finance  Office. 

I.  The  Division  of  Finance. 

049.  To  this  division  is  assigned  the  duty  of  issuing 
drafts  and  warrants  in  payment  of  balances  reported  by 
the  Sixth  Auditor  to  be  due  to  mail  contractors  or  other 
persons,  of  superintending  the  collection  of  revenue  at 
depository,  draft,  and  depositing  offices,  and  the  accounts 
between  the  department  and  the  Treasurer*  and  Assist- 
ant Treasurers  and  special  designated  depositaries  of 
the  United  States.  This  division  receives  all  accounts, 
monthly  or  quarterly,  of  the  depository  and  draft  offices, 
and  certificates  of  deposit  from  depositing  offices,  and 
keeps  a  cash  account  with  each  Treasury  depositary.     It 


THIRD   ASSISTANT   POSTMASTER-GENERAL.  345 

keeps  also  a  record  of  all  contracts  for  mail  service  and  of 
all  orders  of  the  Postmaster-General  recognizing  mail  serv- 
ice not  under  contract,  so  as  to  insure  correct  payments 
to  contractors.  This  division  is  to  a  great  extent  analogous 
in  character  to  the  divisions  of  ^accounts  in  other  bureaus. 
In  explanation  of  the  warrants  and  drafts  here  issued  for 
the  payment  of  the  creditors  of  the  postal  service,  it  may 
be  observed  that  in  the  process  of  drawing  moneys  from 
the  Treasury  this  department  differs  radically  from  all 
other  executive  departments.  It  has  been  stated  that,  with 
the  exception  of  moneys  required  by  this  department  for 
postal  expenses,  all  moneys  are  b^  law  drawn  on  the  war- 
rant of  the  Secretary  of  the  Treasury.  The  Post  Office 
Department,  as  regards  its  accounts,  is  anomalous  in  this : 
that  they  are  audited  by  a  special  Auditor,  who  is  substan- 
tially an  officer  of  both  that  and  the  Treasury  Department ; 
that  his  adjustment  is  final  without  the  revision  of  a  Comp- 
troller, as  in  the  case  of  all  other  accounts ;  and  that  all 
balances  certified  to  be  due  and  all  moneys  of  the  postal 
service  are  drawn  from  the  Treasury  upon  the  warrant  of 
the  Postmaster-General,  countersigned  only  by  that  Audi- 
tor. All  postal  revenues  are  deposited  in  the  Treasury  to 
the  credit  of  the  Treasurer  of  the  United  States  for  account 
of  the  Post  Office  Department,  and  are  not  covered  in,  as  in 
the  case  of  all  other  Government  receipts.  The  warrant 
issued  by  the  head  of  the  department  is  both  a  waiTant  and 
a  draft.  It  is  issued  directly  to  the  creditor,  who  is  en- 
abled to  collect  the  amount  expressed  therein  from  the 
Treasury. 

II.  Division  of  Postage  Stamps,  Stamped  Envelopes, 
AND  Postal  Cards. 

943.  To  this  division  is  assigned  the  issuing  of  postage 
stamps,  stamped  envelopes,  newspaper  wrappers,  and  postal 
cards ;  also  the  duty  of  supplying  postmasters  with  envel- 


346  THE   EXECUTIVE   DEPARTMENTS. 

opes  for  their  official  use,  and  registered  package  envelopes 
and  seals.  These  stamps,  &c.,  are  manufactured  for  the  Gov- 
ernment by  contract,  under  supervision  of  an  agent  at  the 
place  of  manufacture,  under  whose  supervision  also  they 
are  issued  upon  daily  orders  of  the  Post  Office  Department. 
These  orders  are  made  up  from  the  requisitions  of  the 
postmasters,  received  and  acted  upon  in  this  division. 

III.  Division  of  Kegistered  Lbtters. 

04:4.  To  this  division  is  assigned  the  duty  of  preparing 
instructions  for  the  guidance  of  postmasters  relative  to 
registered  letters,  and  all  correspondence  connected  there- 
with ;  also  the  duty  of  compiling  statistics  as  to  the  trans- 
actions of  the  business. 

IV.  The  Division  of  Dead  Letters. 

04^.  To  this  division  is  assigned  the  examination  and 
return  to  the  writers  of  dead  letters,  and  the  preparation  of 
all  correspondence  relating  thereto. 

946.  Dead  letters  are  such  as  have  been  advertised 
and  have  remained  unclaimed  at. the  place  of  delivery 
thirty  days  after  date  of  advertisement,  or  have  been 
refused,  or  for  any  reason  have  not  reached  the  party 
addressed.  They  are  of  six  classes  :  "  unclaimed,"  "  un- 
mailable,*'  "held  for  postage,"  "refused,"  "hotel,"  and 
"fictitious"  letters.  Such  letters  are  transmitted  at  the 
expiration  of  four  weeks  or  one  month  from  the  date  of 
advertisement  by  the  delivery  office  in  packages  addressed 
to  the  Third  Assistant  Postmaster-General. 

Such  letters,  with  the  exception  of  letters  received  from 
foreign  countries,  which  are  returned  to  those  countries  in 
the  condition  received,  are  opened  in  this  division,  called 
the  "  Dead  Letter  Office."  Any  letter  inclosing  articles  of 
value  or  money  is  registered  and  returned  to  the  propet 


THE   OFFICE   OF   FOREIGN   MAILS.  347 

postmaster  for  delivery  to  the  writer  or  owner.  If  the 
party  cannot  be  found,  the  letter  is  returned  to  the  Dead 
Letter  Office  and  filed,  subject  to  future  demand  of  the  per- 
son entitled  thereto.  No  record  whatever  is  kept  of  dead 
letters  which  do  not  contain  articles  of  value.  They  are 
returned  to  the  writer  if  practicable,  otherwise  they  are 
destroyed. 

94:7.  The  following  organizations,  established  by  the 
statutes,  perform  their  duties  under  the  immediate  direction 
of  the  Postmaster-Greneral : 

V.  The  Office  of  Foreign  Mails. 

048.  To  this  office  is  assigned  all  business  relating  to 
foreign  postal  arrangements.  It  is  under  charge  of  an 
officer  designated  by  law  as  the  Superintendent  of  Foreign 
Mails.  The  business  of  his  office  embraces  all  matters 
regarding  contracts  for  sea  transportation  with  steamship 
lines  ;  all  matters  relating  to  the  exchanges  of  mails  with 
foreign  countries  ;  negotiations  with  such  countries  looking 
to  the  making  of  postal  treaties ;  and  all  correspondence 
with  the  proper  authorities  abroad  as  to  matters  concern- 
ing the  fulfillment  of  postal  treaty  stipulations. 

94:0.  It  also  has  a  supervision  of  postal  accounts  aris- 
ing out  of  the  exchange  of  mail  matter  with  foreign  coun- 
tries. This  matter  of  accounts  has  been  greatly  simplified 
by  reason  of  the  Postal  Union  Treaty  entered  into  at  Berne 
October  9,  1874,  and  which  went  into  effect  July  1,  1875. 
This  treaty  was  entered  into  between  Oermany,  Austria, 
Belgium,  Denmark,  Egypt,  Spain,  the  United  States,  France, 
Grreat  Britain,  Greece,  Italy,  Luxemburg,  Norway,  th^ 
Netherlands,  Portugal,  Roumania,  Russia,  Servia,  Sweden, 
Switzerland,  and  Turkey.  These  countries  fo^m  a  single 
postal  territory  for  the  reciprocal  exchange  of  correspond- 
ence between  their  post  offices,  under  the  title  of  "  Gen- 


348  THE   EXECUTIVE   DEPARTMENTS. 

eral  Postal  Union."  Under  the  provisions  of  this  treaty 
each  country  retains  the  exclusive  use  of  all  postages 
which  it  collects.  Hence  all  postal  accounts  formerly  kept 
in  the  department  with  these  countries  have  been  discon- 
tinued. On  the  1st  of  April,  1879,  however,  the  treaty 
forming  the  "  Universal  Postal  Union,"  concluded  at  Paris 
June  1,  1878,  will  go  into  operation,  superseding  that  of 
Berne,  just  referred  to.  The  territory  of  the  union  is  en- 
larged under  the  last  treaty,  but  the  benefits  of  the  scheme 
in  the  matter  of  postal  accounts  are  substantially  the  same. 

VI.  The  Money-Order  Office. 

OoO.  To  this  office  is  assigned  the  general  supervision 
and  control  of  the  postal  money-order  system  throughout 
the  United  States,  and  also  the  supervision  of  the  interna- 
tional money-order  correspondence  with  foreign  countries. 

The  office  is  under  charge  of  an  officer  designated  by 
law  as  Superintendent  of  the  Money-Order  Office. 

VII.  The  Topographer's  Office. 

9^1.  This  office  is  charged  with  keeping  up  the  maps 
in  use  by  the  officers  and  clerks  of  the  various  bureaus ; 
with  the  preparation  and  publication  of  new  post-route 
maps  and  revised  editions  of  others ;  and  with  furnishing 
maps,  where  necessary,  to  postmasters  and  other  persons 
in  the  postal  service.  These  maps  are,  however,  to  be 
considered  as  primarily  constructed  and  published  for  this 
use,  and  not  for  outside  distribution  or  sale,  excepting 
when  surplus  copies  may  remain  on  hand. 

• 

VIII.  The  Office  of  Special  Agents  and  Mail  Depre- 
dations. 

9^^.  All  cases  of  mail  depredation,  or  violation  of  law 
by  private  expresses,  or  by  the  forging  or  illegal  use  of 


THE   POST   OFFICE   DEPARTMENT.  349 

postage  stamps,  are  under  the  supervision  of  this  office, 
and  are  reported  to  it.  Special  agents  of  the  department 
make  their  reports  to  this  office,  and  all  accounts  of  special 
agents  for  salary  per  diem  and  expenses  are  also  transmit- 
ted for  examination  and  presentation  to  the  Postmaster- 
General  for  allowance. 

To  these  several  organizations  may  be  added  another 
bureau  not  specifically  provided  for  by  law,  but  finding  its 
authority  in  department  regulations.     It  is  denominated 

The  Office  of  the  Assistant  Attorney-General,  for 
THE  Post  Office  Department. 

Provision  for  this  officer  was  originally  made  by  act  of 
June  8,  1872,  whereby  the  Postmaster-General  was  author- 
ized to  appoint  an  Assistant  Attorney-General  for  the  Post 
Office  Department.  He  is  an  officer  of  that  department, 
and  has  no  connection,  by  the  terms  of  the  law,  with  the 
Department  of  Justice,  except  in  the  matter  of  receiving 
his  salary,  which  is  paid  from  the  appropriations  controlled 
by  the  Attorney-General.  By  the  appropriation  act  for  the 
current  fiscal  year  a  Law  Clerk  is  provided  for,  who  is  as- 
signed to  this  office.  No  duties  are  specifically  assigned 
by  law  to  the  Assistant  Attorney-General  for  this  depart- 
ment. By  implication  he  is  the  law  adviser  of  the  Post- 
master-General. In  this  capacity,  therefore,  he  considers 
all  questions  of  law  referred  to  him  by  his  superior.  He 
bears  a  similar  relation  to  the  Post  Office  Department,  as 
regards  these,  as  that  borne  by  the  Solicitor  of  the  Treasury 
to  the  Treasury  Department.  In  addition  to  the  consider- 
ation of  questions  arising  from  the  constructions  of  postal 
laws  and  regulations,  he  has  assigned  him  also  certain  of 
the  claims  preferred  against  the  department ;  also  the  appli- 
cations submitted  for  the  remission  of  fines  and  penalties ; 
also  contracts  and  instruments  proposed  for  execution. 


350  THE   EXECUTIVE   DEPAKTMENTS. 


CHAPTER  XXI. 

THE   DEPARTMENT    OF   JUSTICE. 

953.  By  the  act  of  Congress  of  June  22,  1870,  entitled 
"  An  act  to  establish  the  Department  of  Justice,"  the  law 
officers  of  the  several  departments  were  transferred  to  this 
department,  thereafter  to  exercise  their  functions  under 
the  supervision  and  control  of  the  head  of  the  same. 

The  head  of  this  department  is  the  Attorney-Greneral, 
whose  appointment  was  originally  provided  for  by  the  act 
of  September  24,  1789. 

His  immediate  assistant  is  the  Solicitor-Gleneral,  who  in 
a  case  of  vacancy  in  the  office  of  the  Attorney-Greneral,  or 
of  the  absence  or  disability  of  the  last-named  officer,  has 
power  by  law  to  exercise  the  duties  of  the  office. 

For  the  further  assistance  of  the  head  of  the  department, 
the  statutes  make  provision  for  three  Assistant  Attorneys- 
General. 

954.  The  following-named  officers,  whose  duties  attach 
them  to  other  departments,  perform  those  duties  and  exer- 
cise their  functions  under  the  supervision  and  control  of 
the  Attorney-Greneral,  viz.:  ^ 

1.  The  Solicitor  of  the  Treasury. 

2.  The  Assistant  Solicitor  of  the  Treasury. 

3.  The  Solicitor  of  Internal  Revenue. 

4.  The  Examiner  of  Claims  for  the  Department  of  State. 

955.  In  addition  to  these,  provision  is  made  by  law 
for  a  Chief  Clerk  of  the  department  and  two  Law  Clerks ; 
also  for  clerks  of  the  several  classes  in  the  offices  of  the 
Attorney-General  and  the  Solicitor  of  the  Treasury  respect- 
ively. • 


THE   DEPARTMENT   OF   JUSTICE.  351 

0^0.  The  officers  of  this  department,  under  the  direc- 
tion of  the  Attorney-General,  are  required  to  give  all 
Topinions  and  to  render  all  services  requiring  the  skill  of 
persons  learned  in  the  law  necessary  to  enable  the  Presi- 
dent and  officers  in  the  departments  to  discharge  their 
respective  duties,  and  on  behalf  of  the  United  States  to 
procure  the  proper  evidence  for,  and  conduct,  prosecute, 
or  defend,  all  suits  and  proceedings  in  which  the  United 
States  is  a  party  or  may  be  interested.     (R.  S.,  §  361.) 

957,  These  officers  may  be  sent  by  the  Attorney-Gen- 
eral to  any  State  or  district  in  the  United  States  to  attend 
to  the  interests  of  the  United  States  in  a  suit  pending  in 
any  of  the  courts  thereof  or  of  any  State,  or  to  attend  to 
other  interests  of  the*United  States.     (R.  S.,  §  367.) 

908.  This  department  is  charged  with  the  distribution 
to  the  various  judges  and  courts  of  the  statutes,  reports, 
and  other  judicial  documents  provided  for  by  law  ;  and  it  is 
provided  that  a  register  shall  be  kept  showing  the  quan- 
tity of  each  kind  of  such  statutes  and  reports  received  from 
the  Secretary  of  the  Interior  and  the  distribution  thereof. 
(R.  S.,  §§  386,  387.) 

The  Attorney-General, 

900.  This  officer  is  required  to  give  his  advice  and 
opinion  upon  questions  of  law  whenever  required  by  the 
President;  (R.  S.,  §  354;)  also  to  the  head  of  any  execu- 
tive department,  when  requested,  upon  questions  arising  in 
the  administration  of  such  department.    (R.  S.,  §§  356,  357.) 

960.  He  may  submit  questions  of  law  submitted  to  him, 
excepting  questions  involving  a  construction  of  the  Consti- 
tution, to  any  of  his  subordinates,  and  may  require  their 
written  opinions,  which,  if  indorsed  with  his  approval,  have, 
as  provided  by  the  statutes,  the  same  force  as  the  opinions 
of  the  Attorney-General.     (R.  S.,  §  358.) 


352  THE   EXECUTIVE   DEPARTMENTS. 

961.  Except  when  he  otherwise  directs,  the  Attorney- 
General  and  Solicitor-General  are  required  to  conduct  and 
argue  suits,  and  writs  of  error,  and  appeals  in  the  Supreme 
Court,  and  suits  in  the  Court  of  Claims,  in  which  the  United 
States  is  interested.  He  may,  however,  when  he  deems  it 
for  the  public  interests,  either  personally  conduct  and  argue 
any  case  in  any  court  of  the  United  States  wherein  the 
Government  is  interested,  or  direct  any  officer  of  his  de- 
partment to  do  so.  He  may  also  direct  any  officer  of  his 
department  to  perform  any  other  duty  required  of  the 
department  or  an  office  thereof.     (R.  S.,  §§  359,  360.) 

06!^.  He  is  I'equired  to  furnish  proper  professional  serv- 
ices to  the  head  of  a  department  or  bureau,  in  any  legal 
investigation  regarding  a  claim  pending  in  such  depart- 
ment or  bureau,  when  application  is  made  to  him  therefor. 
(R.  S.,  §  187.) 

063.  He  is  required,  when  a  suit  is  brought  against  the 
United  States  in  the  Court  of  Claims,  founded  upon  any 
contract  or  transaction  with  any  department  or  bureau, 
officer  or  agent  of  the  same,  or  where  the  matter  in  suit 
has  been  passed  upon  by  any  department,  bureau,  or  offi- 
cer authorized  to  adjust  it,  to  transmit  to  such  department, 
bureau,  or  officer  a  copy  of  the  petition  filed  by  the  claim- 
ant, with  a  request  that  he  be  furnished  with  a  statement 
of  all  facts,  circumstances,  and  evidence  touching  the  claim 
in  the  possession  or  knowledge  of  that  department,  bureau, 
or  officer.     (R.  S.,  §  188.) 

964.  It  is  provided  that  the  Attorney-General  shall  ex- 
ercise general  superintendence  and  direction  over  United 
States  attorneys  and  marshals  of  the  several  judicial  dis- 
tricts as  to  the  manner  of  discharging  their  respective 
duties,  and  that  he  may  require  from  them  an  account  of 
their  official  proceedings  and  of  the  state  and  condition  of 
their  offices.     (R.  S.,  §  362.) 


THE  ATTORNEY-GENERAL.  353 

060.  The  recommendation  of  the  Attorney-General  is 
required  by  law,  in  conjunction  with  the  advice  and  con- 
sent of  the  Secretary  of  the  Treasury,  as  a  prerequisite  to 
the  compromise  by  the  Commissioner  of  Internal  Revenue 
of  a  suit  arising  under  the  internal-revenue  laws.  (R.  S., 
§  8229.) 

His  permission  in  writing  is  also  necessary,  together  with 
that  of  the  Secretary  of  the  Treasury,  to  the  discontinuance 
or  nolle  prosequi  of  any  prosecution  of  a  person  canning 
on  a  distillery  on  the  charge  of  defrauding  or  attempting 
to  defraud  the  United  States  of  the  tax  on  spirits  distilled 
by  such  distiller.     (R.  S.,  §§  3230,  •8257.) 

006.  Under  his  supervision  and  direction  it  is  required 
that  the  defense  of  an  officer  of  either  House  of  Congress 
shall  be  conducted  in  any  action  commenced  against  such 
officer  for  acts  committed  in  the  discharge  of  official  duty 
in  executing  an  order  of  such  House.  (Act  March  8,  1875, 
Stats.  18,  p.  401.) 

067.  To  this  department  is  intrusted  by  law  the  care 
and  direction  of  the  prosecution  of  suits  for  money  due 
the  Post  Office  Department.     (R.  S.,  §  381.) 

When  proceedings  at  law  for  the  recovery  of  such  mon- 
eys are  fruitless,  the  Department  of  Justice,  by  virtue  of 
express  authority  conferred  by  statute,  may  direct  a  suit  in 
chancery  in  any  United  States  District  or  Circuit  Court  to 
set  aside  fraudulent  conveyances  or  trusts,  attach  debts  due 
the  defendant,  or  may  obtain  any  other  proper  exercise  of 
the  powers  of  equity  to  satisfy  the  judgment.    (R.  S.,  §  382.) 

068.  The  Attorney-General  is  authorized,  whenever  in 

his  opinion  the  public  interests  require  it,  to  employ  in  the 

name  of  the  United  States  such  attorneys  and  counsellors 

at  law  as  he  may  think  necessary  to  assist  district  attorneys 

in  the  discharge  of  their  duties,  and  to  stipulate  with  such 

assistants  as  to  their  compensation,   maintaining  during 
23 


364  THE   EXECUTIVE  DEPARTMENTS. 

such  employment  supervision  of  their  conduct  and  pro- 
ceedings.    (R.  S.,  §  363.) 

969.  He  is  required  to  provide  the  head  of  any  execu- 
tive department  or  bureau  with  the  services  of  counsel, 
upon  the  examination  of  witnesses  touching  any  claim  or 
upon  the  legal  investigation  of  any  claim  pending  in  such 
department  or  bureau,  when  notified  that  the  interests  of 
the  United  States  require  such  services.  (R.  S.,  §  364.) 
And  it  is  made  his  duty  to  instruct  the  proper  district  at- 
torney to  take  part  in  the  examination  of  witnesses,  when 
testimony  is  to  be  taken  by  order  of  a  committee  of  Con- 
gress, in  the  case  of  a  p^rivate  claim  pending  before  that 
body.     (Act  February  3,  1879.) 

9 TO.  When  an  attorney  or  counsellor  is  specially  re- 
tained to  assist  in  the  trial  of  a  case  wherein  the  United 
States  is  interested,  the  Attorney  -  Greneral  is  required  to 
issue  a  commission  to  such  attorney  or  counsellor  as  a  spe- 
cial assistant  to  the  Attorney-General,  or  to  the  proper  dis- 
trict attorney,  as  the  nature  of  the  appointment  may  require. 
(R.  S.,  §  366.) 

971.  He  is  required  to  exercise  general  supervisory 
powers  over  the  accounts  of  district  attorneys,  marshals, 
clerks,  and  other  officers  of  the  courts  of  the  United  States, 
and  to  sign  all  requisitions  for  the  advance  or  payment  of 
moneys  appropriated  for  his  department,  subject  to  the 
same  control  as  is  exercised  on  like  estimates  or  accounts 
by  the  First  Auditor  or  First  Comptroller.  (R.  S.,  §§  368, 
369,  835,  836,  839,  840,  841,  844.) 

972,  He  is  required  to  determine  and  regulate  the 
amounts  of  official  bonds  to  be  given  by  the  clerks  of  the 
United  States  courts,  and  he  may  in  his  discretion  require, 
through  the  district  attorney,  the  clerk  of  any  such  court 
to  increase  his  bond  within  the  limits  of  the  law  as  to  the 
penal  sum  thereof.     (Stats.  18,  p.  333.) 


THE   ATTORNEY-GENERAL.  355 

973.  He  is  required  to  cause  an  edition  of  one  thou- 
sand copies  of  such  of  the  opinions  of  the  law  officers  of 
his  department  as  he  may  deem  valuable  for  preservation, 
to  be  edited  and  printed  in  a  prescribed  form,  and  is  au- 
thorized to  direct  the  distribution  of  the  same.  (R.  S.y  § 
383.) 

074.  It  is  his  duty  to  make  a  report  to  Congress,  at  the 
commencement  of  each  regular  session,  of  the  business  of 
his  department  for  the  last  preceding  fiscal  year,  and  of 
any  matters  appertaining  thereto  as  he  may  deem  proper, 
including  a  statement  of  the  several  appropriations  under 
his  control  and  of  the  expenditures  thereof ;  also  of  the 
amounts  used  in  defraying  the  expenses  of  the  United  States 
courts  in  each  judicial  district ;  also  of  the  statistics  of  crime 
under  the  laws  of  the  United  States,  and  a  statement  of  the 
number  of  causes,  civil  and  criminal,  pending  during  the 
preceding  year  in  each  of  the  several  courts  of  the  United 
States.  He  is  also  required  to  report  to  Congress  the 
names  of  all  persons  employed  or  retained  as  attorneys 
or  counsellors  at  law  to  assist  district  attorneys,  stating 
where  and  upon  what  business  each  was  employed  and  the 
compensation  of  each.     (R.  S.,  §§  384,  385.) 

97^.  It  is  his  duty  to  prescribe  all  needful  rules  and 
regulations  for  the  government  of  the  jail  of  the  District 
of  Columbia,  also  of  such  penitentiaries  as  have  been  or 
may  be  erected  by  the  United  States  in  any  organized  Ter- 
ritory, excepting  as  otherwise  provided  in  the  case  of  the 
penitentiaries  in  Montana,  Idaho,  and  Wyoming.  (R.  S., 
§§  1893,  5545.) 

976.  He  may  designate  a  suitable  jail  or  penitentiary 
in  a  convenient  State  or  Territory  for  the  confinement  of 
persons  convicted  of  crime  by  the  United  States  courts  of 
any  district  or  Territory  wherein  there  may  be  no  jail  or 
penitentiary  suitable,  and  he  is  authorized  to  contract  with 


866  THE  EXECtJTIVE  DEPARTMENTS. 

the  managers  or  authorities  of  such  place  of  confinement 
for  the  imprisonment,  subsistence,  and  proper  employment 
of  persons  so  convicted  during  the  term  of  imprisonment 
to  which  they  were  sentenced.  (R.  S*,  §§  5546,  5547 ;  act 
July  12,  1876,  Stats.  19,  p.  89.) 

977,  He  has  also  authority  of  the  same  character  as  to 
the  confinement  of  juvenile  offenders  under  the  age  of  six- 
teen years  in  some  house  of  refuge.     (R.  S.,  §.5549,  5550.) 

978.  Upon  his  application,  all  persons  who  have  been 
convicted  of  any  offense  in  the  courts  of  the  United  States 
and  imprisoned  in  any  State  prison  or  penitentiary,  and 
who  during  such  confinement  shall  become  insane,  are  to 
be  transferred,  by  direction  of  the  Secretary  of  the  Interior, 
to'  the  asylum  for  the  insane  in  the  District  of  Columbia. 

970.  And  in  case  there  shall  not  be  accommodation  in 
such  asylum  for  such  persons,  or  there  shall  be  in  his  opin- 
ion good  reasons  for  placing  any  of  such  persons  in  a  State 
asylum,  then  the  Attorney-Greneral  is  authorized  to  con- 
tract with  any  State  asylum  for  the  insane  within  the  State 
in  which  the  convict  is  imprisoned  for  his  care  and  cus- 
tody while  remaining  insane,  during  the  term  for  which 
he  was  sentenced  to  imprisonment.  (Stats.  18,  p.  251,  act 
June  23,  1874.) 

980.  Upon  the  assenting  opinion  of  the  Attorney-Gen- 
eral, the  Secretary  of  the  Treasury  may  reverse  or  modify 
adversely  to  the  United  States  any  ruling  or  decision  once 
made  giving  construction  to  the  law  imposing  customs 
duties ;  also  where  there  has  been  a  judicial  decision  of  a 
Circuit  or  District  Court  of  the  United  States  reversing 
such  ruling  or  decision  from  which  the  Attorney-Greneral 
shall  certify  that  no  appeal  or  writ  of  error  will  be  taken 
by  the  United  States.     (Act  March  3, 1875,  Stats.  18,  p.  469.) 

981.  It  is  made  his  duty  by  law  to  examine  into  the 
validity  of  the  title  of  any  land,  before  the  same  can  be 


THE   ATTOKNEY-GENERAL.  357 

purchased  by  the  United  States  for  the  purpose  of  erecting 
thereon  any  armory,  arsenal,  fort,  fortification,  navy-yard, 
custom-house,  light-house,  or  other  public  building,  and  to 
give  his  opinion  in  writing  thereon.  And  he  is  empowered 
to  obtain  from  the  district  attorneys  of  the  United  States 
any  assistance  or  information  within  their  power  to  give 
relative  to  the  titles- to  public  property  lying  in  their  re- 
spective districts.     (R.  S.,  §  355.) 

98^.  Until  a  comparatively  recent  period,  the  duties 
of  the  Attorney-General  as  prescribed  by  the  statutes,  al- 
though of  the  utmost  importance,  were  restricted  within  a 
very  limited  sphere  of  operations.  They  consisted  mainly 
in  the  prosecution  of  suits  in  the  Supreme  Court  wherein 
the  United  States  was  concerned,  and  in  giving  his  advice 
and  opinion  upon  questions  of  law  to  the  President  and 
the  heads  of  departments  when  required. 

The  act  of  June  22,  1870,  established  the  Department 
of  Justice,  with  the  Attorney-General  at  its  head.  By  its 
provisions  the  different  law  officers  of  the  several  depart- 
ments were  transferred  to  and  became  part  of  this  depart- 
ment. These  were  the  Solicitor  and  Assistant  Solicitor  of 
the  Treasury,  the  Solicitor  of  Internal  Revenue,  the  Naval 
Solicitor,  and  the  Law  Officer  of  the  State  Department, 
designated  by  the  act  as  Examiner  of  Claims  in  that  de- 
partment. The  clerks  and  employees  in  the  office  of  the 
Solicitor  of  the  Treasury  were  also  transferred  by  the  act. 
Besides  the  increase  thus  made  in  the  Attorney-General's 
Department,  and  the  added  oversight  and  supervision  of 
these  additional  officers  in  the  exercise  of  their  varied  and 
important  functions  and  duties,  the  act  imposed  upon  him 
many  details  for  administrative  action  not  before  contem- 
plated. The  design  of  the  act  was  to  secure  harmony  of 
action  and  consistency,  particularly  in  the  legal  opinions 
of  the  several  law  officers  of  the  Government,  which  would 


358  THE  EXECUTIVE  DEPARTMENTS. 

be  the  better  maintained,  it  was 'thought,  by  bringing  all 
of  the  officers  named  under  one  controlling  head. 

983.  To  proceed  to  the  duties  of  his  assistants  and  of 
these  several  officers,  it  may  be  remarked  briefly,  as  to  the 
former,  that  with  the  exception  of  the  Solicitor-Greneral 
their  duties  are  not  specifically  prescribed  by  law. 

The  only  provision  with  regard  to  that  officer  is,  that  he, 
together  with  the  Attorney-Greneral,  unless  the  latter  other- 
wise directs,  shall  conduct  and  argue  suits  and  writs  of  error 
and  appeals  in  the  Supreme  Court,  and  suits  in  the  Court  of 
Claims,  wherein  the  United  States  is  interested.  He  is, 
however,  the  next  in  rank  to  the  head  of  the  department, 
and  in  the  absence  or  disability  of  the  Attorney-Greneral, 
or  in  case  of  a  vacancy,  becomes  the  Acting  Attorney-Gren- 
eral, representing  the  department  in  that  capacity  in  the 
Cabinet  Councils  of  the  President. 

084/  The  duties  of  the  three  Assistant  Attorneys-Gen- 
eral are  wholly  assigned  them  by  the  Attorney-Greneral. 
He  has  designated  one  to  assist  in  the  argument  of  cases 
in  the  Supreme  Court,  another  to  the  care  of  business  in 
the  Court  of  Claims,  and  he  has  detailed  another  as  the 
Law  Officer  or  Solicitor  of  the  Department  of  the  Interior. 
As  this  latter  officer,  the  Solicitor  of  Internal  Eevenue,  and 
the  Examiner  of  Claims  are  only  nominally  attached  to 
this  department,  it  is  more  convenient,  as  likewise  more 
appropriate,  to  notice  them,  with  reference  to  their  partic- 
ular duties,  in  connection  with  the  respective  departments 
with  which,  as  regards  their  business  relations,  they  are 
more  intimately  connected. 

085.  The  office  of  the  Attorney-Greneral  is  not  formed 
into  distinctive  divisions  in  the  transaction  of  the  business 
devolving  upon  it.  The  business  coming  to  the  depart- 
ment is  quite  diversified  in  character,  although,  perhaps, 
not  so  well  defined  by  law  as  that  transacted  by  other  de- 
partments. 


THE   OFFICE   OF   THE   ATTORNEY-GENERAL.  359 

It  being  the  duty  of  the  Attorney-General  to  conduct  the 
suits  in  which  the  United  States  is  a  party  or  interested, 
both  in  the  Supreme  Court  and  the  Court  of  Claims,  it  is 
plain  that  the  demands  upon  him  in  that  regard  can  be  met 
only  with  the  assistance  of  others  trained  to  the  law  and 
possessing  superior  qualifications  and  abilities  in  the  prac- 
tice of  the  profession.  Cases  brought  up  to  the  Supreme 
Court  from  the  inferior  tribunals  of  the  United  States  by 
writ  of  error  or  appeal  must  have  elaborate  and  exhaustive 
preparation.  The  records  in  the  cases  in  the  com-t  below 
and  the  briefs  of  the  district  attorneys  are  received  in  the 
Attorney-General's  office.  The  argument  of  cases  in  that 
court  is  conducted  personally  by  the  Attorney -General,  or 
by  the  Solicitor-General,  or  by  the  Assistants. 

Cases  pending  in  the  Court  of  Claims  against  the  United 
States  must  also  have  elaborate  preparation,  both  as  to  the 
law  and  the  facts,  and  they  frequently  require  the  taking 
of  testimony  by  deposition  at  distant  places.  The  exami- 
nation required  extends  to  all  points  from  which  a  disputed 
claim  may  be  viewed.  It  goes  to  the  inception  of  the  trans- 
action upon  which  the  claim  is  based,  to  the  authority  of  law 
under  which  it  is  assumed  the  contract  was  made  or  from 
which  it  is  implied,  to  the  facts  set  out  by  the  claimant,  to  all 
matters  of  counter-claim  which  the  Government  may  have, 
and  to  the  administrative  action,  if  any,  which  may  have 
been  had  thereon  by  any  executive  department.  To  this 
business  is  assigned  another  Assistant  Attorney-General,  and 
he  has  the  aid,  both  in  the  preparation  of  the  cases  and 
their  argument  in  court,  of  gentlemen  of  the  law  employed 
under  authority  of  the  proper  appropriation  for  this  spe- 
cific purpose.  A  reference  briefly  to  the  jurisdiction  of  this 
court  will  more  fully  exhibit  the  character  of  the  services 
required  of  these  officers. 

It  has  jurisdiction  of  all  claims  founded  upon  any  law  of 


360  THE  EXECUTIVE  DEPARTMENTS. 

Congress  or  any  regulation  of  an  executive  department,  or 
upon  any  contract,  express  or  implied,  with  the  Govern- 
ment, and  of  all  claims  which  may  be  referred  to  that 
court  by  either  House  of  Congress. 

Of  the  claim  of  any  disbursing  officer  of  the  United 
States,  or  his  representatives,  for  relief  from  responsibility 
on  account  of  capture  "  or  otherwise,"  while  in  the  line  of 
his  duty,  of  Grovernment  funds,  vouchers,  records,  or  papers 
in  his  charge  for  which  he  is  held  responsible. 

Of  all  claims  for  the  proceeds  of  captured  and  aban- 
doned property,  for  the  recovery  of  which  a  right  of  action 
is  given  by  law  in  certain  cases  and  under  special  restric- 
tions. 

The  Chief  Clerk  of  the  department  has  the  general  over- 
sight of  the  clerical  business  of  the  office. 

There  is  a  Law  Clerk  assigned  the  department  by  law, 
who  is  designated  in  the  act  as  Law  Clerk  and  Examiner 
of  Titles.  His  duties  generally  are  to  investigate  questions 
of  law  affecting  matters  as  to  which  the  Attorney-Greneral 
is  called  upon  to  express  a  formal  opinion.  He  performs 
other  duties  in  connection  with  the  examination  of  ab- 
stracts of  title  to  property  conveyed  to  the  United  States, 
or  the  conveyance  of  which  is  in  contemplation,  it  being 
required  by  law  that  before  any  money  shall  be  expended 
upon  land  purchased  by  the  United  States  for  the  pur- 
pose of  erecting  any  public  building  thereon,  the  written 
opinion  of  the  Attorney-Greneral  shall  be  first  had  in  favor 
of  the  validity  of  the  title  thereto. 

There  is  an  additional  Law  Clerk  authorized  by  law,  to 
whom  are  referred  questions  of  law  for  investigation  and 
for  the  production  of  briefs  and  the  expression  of  opinion 
thereon. 

There  is  a  Disbursing  Clerk  also  attached  to  the  depart- 
ment, who  disburses  by  law  the  appropriation  for  the  sala- 


THE   OFFICE   OF   THE   ATTORNEY-GENERAL.  361 

lies  of  the  Attorney-General,  the  Solicitor-General,  the  sev- 
eral Assistants,  the  Solicitor  and  Assistant  Solicitor  of  the 
Treasury,  the  Examiner  of  Claims  in  the  State  Department, 
and  the  several  clerks  and  employees  of  the  entire  depart- 
ment ;  the  salaries  of  the  warden  and  jailors  and  expenses 
of  the  jail  of  the  District  of  Columbia ;  also  for  the  defense 
of  suits  and  claims  for  seizure  of  captured  and  abandoned 
property,  the  prosecution  and  collection  of  claims,  and  for 
detection  and  prosecution  of  crimes,  &c. ;  also  the  appro- 
priation for  the  contingent  expenses  of  the  department. 

Another  clerk  considers  applications  and  the  accompany- 
ing proof  and  recommendations,  addressed  to  the  pardoning 
power  of  the  Executive,  for  clemency  to  offenders  charged 
with  crime  committed  against  the  United  States. 

All  applications  for  pardon  must  be  made  upon  the 
sworn  petition  of  some  credible  person,  stating  as  nearly 
as  may  be  the  age,  nativity,  and  prior  occupation  of  the 
applicant,  and  the  grounds  upon  which  pardon  is  asked ; 
also  whether  the  applicant  was  ever  before  convicted  of 
crime. 

The  petition  must  be  accompanied  by  evidence  that 
notice  of  the  application  has  been  served  upon  the  judge 
who  presided  and  upon  the  United  States  attorney  who 
prosecuted  at  the  trial,  where  such  service  of  notice  is 
practicable ;  also  by  a  certified  summary  of  the  docket 
entries  in  the  applicant's  case. 

These  applications  and  papers  are  transmitted  to  the 
proper  United  States  attorney,  who  is  called  upon  for  a 
report  of  the  facts  and  an  expression  of  opinion  as  to  the 
expediency  and  justice  of  the  clemency  sought  by  the  ap- 
plicant. He  is  requested  also  to  transmit  a  written  opinion 
of  the  judge  who  presided  at  the  trial,  if  it  can  be  obtained. 

Upon  a  favorable  consideration,  the  papers  are  sent  to 
the  President  with  the  recommendation  of  the  Attorney- 


362  THE  EXECUTIVE  DEPARTMENTS. 

Greneral  that  a  pardon  issue.  If  the  President's  decision  is 
favorable,  a  direction  is  indorsed  by  him  to  the  Attorney- 
General  on  the  papers,  which  are  returned.  The  latter 
thereupon  makes  a  request  by  letter,  embodying  the  facts 
and  circumstances,  addressed  to  the  Secretary  of  State,  in 
whose  office  a  pardon  is  prepared,  sent  to  the  President  for 
signature,  returned  to  that  office,  and  after  having  received 
the  seal  of  the  United  States  is  transmitted  to  the  proper 
United  States  marshal  for  execution. 

Another  clerk  considers  the  emolument  accounts  of 
district  attorneys,  clerks,  and  marshals  of  United  States 
courts  preliminary  to  adjustment  by  the  First  Auditor  and 
First  Comptroller.  To  this  end  it  is  his  duty  to  scan  the 
items  critically,  comparing  them  carefully  with  the  statu- 
tory fee  bill,  that  the  Attorn ey-Greneral  may  be  well 
advised  as  to  the  propriety  of  his  approval  to  accompany 
the  same  on  its  way  to  the  accounting  officers. 

The  other  clerks  of  the  office  are  engaged  in  miscel- 
laneous work  and  in  matters  referred  to  them  specially, 
according  to  the  pleasure  of  the  Chief  Clerk  or  of  the  head 
of  the  department. 

The  office  of  the  Solicitor  of  the  Treasury  having  func- 
tions of  its  own,  also  an  actual  bureau  existence  and  dis- 
tinct organization  as  provided  specifically  by  law,  will  be 
noticed  in  this  place  as  a  bureau  of  the  Department  of 
Justice,  but  in  a  separate  chapter. 


THE  SOLICITOR   OF  THE  TREASURY.  363 


CHAPTER  XXn. 

THE   OFFICE   OF   THE   SOLICITOR   OF   THE   TREASURY. 

986.  The  office  of  the  Solicitor  of  the  Treasury  was 
established  by  act  of  Congress  of  May  29,  1830.  Previ- 
ously there  had  been  an  Agent  of  the  Treasury  provided 
for  by  statute,  whose  general  duty  comprised  the  collection 
of  official  balances  due  by  delinquent  officers  of  the  Grov- 
ernment,  and  of  other  debts  due  the  United  States,  such  as 
those  on  duty  bonds  and  those  derived  from  outstanding 
direct  taxes  and  internal  duties.  The  act  referred  to  pro- 
vided for  the  appointment  of  a  Solicitor  of  the  Treasury, 
and  directed  the  transfer  to  him  of  the  books,  papers,  and 
records  formerly  appertaining  to  the  Agent  of  the  Treas- 
ury. It  also  directed  the  establishment  by  the  Solicitor  of 
rules  and  regulations  for  the  observance  of  the  United 
States  attorneys,  marshals,  and  clerks  of  courts  in  regard 
to  United  States  suits,  and  gave  that  officer  charge  of  all 
lands  and  property  assigned,  set  off,  or  conveyed  to  the 
United  States,  and  of  all  trusts  created  for  the  use  of  the 
United  States  in  payment  of  debts. 

987.  By  act  of  June  22,  1870,  the  Department  of  Jus- 
tice was  established,  and  by  its  terms  the  Solicitors  of  the 
several  departments  were  transferred  to  the  new  department, 
to  be  thenceforth  under  the  control  and  supervision  of  the 
Attorney-General.  The  act  provided  also  for  the  transfer 
of  the  Assistant  Solicitor  of  -the  Treasury  and  of  the  clerks 
and  employees  of  the  office  of  the  Solicitor  of  the  Treasury, 
this  office  being  the  only  one  with  a  Solicitor  at  the  head 
having  a  bureau  existence.     The  other  Solicitors  were  only 


36*4  THE  EXECUTIVE  DEPARTMENTS. 

law  officers  attached  to  departments  or  bureaus,  without 
any  independent  functions ;  with  duties  not  specifically 
defined  by  law,  but  simply  implied  from  the  name  given 
them  by  statute  or  assigned  them  by  their  superior  officers. 
The  design  of  the  act  in  bringing  all  these  law  officers 
under  a  common  head  was  to  promote  consistency  and 
harmony  in  the  decisions  and  practice  of  the  departments 
as  far  as  the  same  were  grounded  upon  the  opinions  of  the 
respective  Solicitors.  These  Solicitors  have  had,  however, 
as  far  as  the  performance  of  their  duties,  but  a  nominal 
connection  with  the  Department  of  Justice.  Their  labors 
and  official  relations  have  naturally  allied  them  with  a  closer 
affinity  respectively  to  the  departments  with  which  they  are 
brought  into  daily  contact  and  intercourse. 

088,  The  organization  of  this  office  is  as  follows : 

1.  The  Solicitor  of  the  Treasury. 

2.  The  Assistant  Solicitor  of  the  Treasury. 

3.  The  Chief  Clerk. 

The  remaining  force  of  the  office  is  made  up  of  clerks 
of  the  several  classes  created  by  statute,  viz.,  those  of  the 
fourth,  third,  second,  and  first  classes.  Two  in  the  higher 
grades  of  these  clerks  are  employed  in  the  consideration 
of  legal  questions  referred  by  the  Secretary  of  the  Treasury 
to  the  Solicitor,  or  otherwise  submitted,  and  in  writing 
opinions  for  final  consideration,  approval,  and  signature  of 
the  Solicitor.  Others  in  those  grades  have  charge  of  the 
dockets  of  United  States  suits  pending  in  the  numerous 
Circuit  and  District  Courts.  They  also  examine  and  trans- 
mit to  the  proper  district  attorneys  the  transcripts  of  offi- 
cial accounts  and  certified  copies  of  official  bonds  and 
documentary  evidence  received  from  the  Comptrollers  of 
the  Treasury,  the  Sixth  Auditor,  or  other  proper  officer,  for 
the  purpose  of  instituting  suits.  Still  others  have  charge  of 
general  correspondence  and  business  specifically  assigned, 


THE   SOLICITOR   OF   THE   TREASURY.  365 

and  of  the  general  records  of  the  office.  The  clerks  in  the 
lower  grades  are  employed  in  miscellaneous,  work,  but 
mainly  in  copying,  registering,  and  in  the  charge  of  the 
files  of  the  office. 

The  general  business  of  the  office,  as  originally  contem- 
plated by  its  creation,  has  regard  chiefly  to  the  collection 
of  debts  due  by  individuals  to  the  United  States  requiring 
legal  proceedings  for  their  enforcemeiit.  The  office  takes 
cognizance  of  all  suits  commenced  and  pending,  except- 
ing so-called  internal-revenue  suits,  wherein  the  United 
States  is  or  is  likely  to  be  pecuniarily  interested,  and  directs, 
when  necessary,  the  United  States  attorneys,  clerks  of 
courts,  and  marshals  in  all  matters  appertaining  to  such 
suits,  to  the  end  that  the  same  may  be  vigorously  pressed 
to  trial  and  judgment,  and  that  the  amounts  sought  to  be 
recovered  may  be  promptly  and  faithfully  collected,  whether 
by  execution  or  otherwise,  and  as  promptly  and  faithfully 
paid  into  the  Treasury.  A  glance  at  the  yearly  reports  of 
the  Solicitor,  exhibited  in  the  annual  finance  reports  of  the 
Secretary  of  the  Treasury,  will  show  the  business  of  the 
office,  as  regards  these  suits  alone,  to  be  one  of  no  incon- 
siderable magnitude.  Taking  the  report  for  the  fiscal  year 
ending  June  30,  1878,  it  will  be  seen  that  the  result  of  the 
year  was  as  follows  : 

The  number  of  suits  commenced  was  2,326. 

The  amount  involved  therein,  exclusive  of  actions  in  rem., 
was  $2,340,811.34. 

The  number  in  judgment  for  the  United  States  was  1,173. 

The  number  decided  adversely  to  the  Grovernment  was  43. 

The  whole  number  disposed  of  was  2,600. 

The  aggregate  sum  for  which  judgments  were  rendered 
was  $949,559.08. 

Besides  the  care  and  control  of  suits,  the  office  has  charge 
of  all  lands  acquired  by  the  United  States  in  payment  of 


366  THE  EXECUTIVE  DEPARTMENTS. 

debts,  whether  by  assignment  or  under  judicial  process,  ex- 
cepting those  acquired  from  proceedings  arising  under  the 
internal-revenue  laws,  and  of  the  sale  of  such  lands  at  pub- 
lic auction  when  it  is  desirable  and  expedient  to  offer  the 
same.  There  are  other  duties  incumbent  upon  the  office 
which,  together  with  those  thus  briefly  indicated,  will  more 
fully  appear  in  detail  in  the  following  reference  to  the 
statutes  specifically  applicable  to  the  head  of  the  office. 

Tete  Solicitor  of  the  Treasury. 

989.  The  written  opinion  of  the  Solicitor  of  the  Treas- 
ury may  be  required  by  the  Attorney-General  on  any  ques- 
tion of  law  submitted  by  any  department  for  the  opinion 
of  the  latter,  except  questions  involving  a  construction  of 
the  Constitution  of  the  United  States.     (R.  S.,  §  358.) 

990.  The  Solicitor  may  be  required,  as  also  the  other 
officers  of  the  department,  by  the  Attorney-General  to  per- 
form any  duty  required  of  the  department  or  any  officer 
thereof.     (R.  S.,  §  360.) 

991.  He  is  required,  as  are  also  the  other  officers  of 
the  department,  under  the  direction  of  the  Attorney-Gen- 
eral, to  give  opinions  and  render  services  requiring  the 
skill  of  persons  learned  in  the  law  necessary  to  enable  the 
President  and  heads  of  departments,  heads  of  bureaus,  and 
other  officers  of  the  departments  to  discharge  their  respect- 
ive duties ;  and  on  behalf  of  the  United  States,  under  the 
same  direction,  to  procure  proper  evidence  for,  and  con- 
duct, prosecute,  or  defend,  suits  and  proceedings  in  the 
Supreme  Court  and  in  the  Court  of  Claims  in  which  the 
United  States  or  any  officer  thereof,  as  such  officer,  is  a 
party  or  has  an  interest.     (R.  S.,  §  361.) 

99^.  The  Solicitor  of  the  Treasury,  as  is  the  case  with 
any  officer  of  the  department,  may  be  sent  by  the  Attorney- 
General  to  any  State  or  district  in  the  United  States  to  at- 


THE   SOLICITOR  OF  THE  TREASURY.  367 

tend  to  the  interests  of  the  United  States  in  any  suit  pend- 
ing in  any  of  the  courts  of  the  United  States  or  in  the  courts 
of  any  State,  or  to  attend  to  any  other  interest  of  the  United 
States.     (R.  S.,  §  367.) 

993.  He  has  charge  of  the  books,  papers,  and  records 
formerly  appertaining  to  the  office  of  the  Agent  of  the  Treas- 
ury, or  to  the  superintendence  of  the  collection  of  outstand- 
ing direct  taxes  and  internal  duties,  which  were  transferred 
to  him  by  the  act  of  May  29,  1830,  and  of  the  seal  adopted 
for  the  office  of  the  Solicitor  of  the  Treasury.    (R.  S.,  §  372.) 

994.  Whenever  he  shall  receive  information  from  a 
collector  of  customs  of  the  delivery  of  any  bond  for  duties 
to  a  district  attorney  for  suit,  he  is  required  to  make  such 
entry  thereof  as  that  the  attorney  may  duly  appear  charge- 
able therewith  until  the  amount  has  been  paid  to  the  United 
States,  or  he  has  obtained  judgment  thereon  and  delivered 
execution  to  the  marshal,  or  until  such  attorney  shall  be 
otherwise  discharged  from  the  responsibility  therefor.  j(R. 
S.,  §  373.) 

99^.  He  is  required  to  make  constant  and  strict  exam- 
inations and  comparisons  of  the  reports  made  by  the  col- 
lectors of  customs  of  the  delivery  by  them  of  bonds  for 
duties  to  district  attorneys,  and  of  the  returns  made  by  such 
attorneys  as  to  bonds  so  delivered  to  them.  And  whenever 
it  appears  that  any  collector  has  made  returns  of  any  bond 
as  in  suit  or  delivered  for  suit  which  is  not  at  the  time  in 
suit  or  delivered  for  suit,  or  has  returned  any  bond  as  in 
suit  for  the  whole  amount  thereof  when  part  thereof  has 
been  paid  to  him,  or  as  in  suit  for  more  than  is  actually 
due  thereon,  the  Solicitor  of  the  Treasury  is  required,  im- 
mediately upon  discovery  thereof,  to  communicate  the  facts 
to  the  President.     (R.  S.,  §§  374,  375.) 

996.  He  is  required,  under  the  direction  of  the  Secre- 
tary of  the  Treasury,  to  take  cognizance  of  all  frauds  or 


368  THE  EXECUTIVE  DEPARTMENTS. 

attempted  frauds  upon  the  revenue,  and  to  exercise  a  gen- 
eral supervision  over  the  measures  for  their  prevention  and 
detection,  and  for  the  prosecution  of  persons  charged  with 
the  commission  thereof.     (R.  S.,  §  376.) 

097.  It  is  made  his  duty  to  establish  such  regulations, 
not  inconsistent  with  law,  with  the  approbation  of  the  Sec- 
retary of  the  Treasury,  for  the  observance  of  collectors  of 
customs,  and,  with  the  approbation  of  the  Attorney-General, 
for  the  observance  of  district  attorneys  and  marshals,  re- 
apecting  suits  in  which  the  United  States  is  a  party,  as  may 
be  deemed  necessary  for  the  just  responsibility  o|>  those  offi- 
cers and  the  prompt  collection  of  all  revenues  and  debts 
due  and  accruing  to  the  United  States,  excepting  suits  for 
taxes,  forfeitures,  or  penalties  arising  under  the  internal- 
revenue  laws.  (E.  S.,  §  377.)  He  is  empowered  also  to  in- 
struct the  district  attorneys,  marshals,  and  clerks  of  United 
States  courts  in  all  matters  and  proceedings  appertaining 
to  suits  in  which  the  United  States  is  a  party  or  is  interested, 
excepting  suits  for  taxes,  forfeitures,  or  penalties  arising 
under  internal-revenue  laws,  and  to  cause  such  officers  to 
report  to  him  from  time  to  time  any  information  he  may 
require  in  relation  to  the  same.     (R.  S.,  §  379.) 

098.  It  is  required  that  all  suits  and  proceedings  aris- 
ing out  of  the  provisions  of  law  governing  national  banking 
associations,  in  which  the  United  States  or  any  of  its  offi- 
cers or  agents  shall  be  parties,  shall  be  conducted  by  the 
district  attorneys,  under  the  direction  and  supervision  of 
the  Solicitor  of  the  Treasury.     (R.  S.,  §  378.) 

999.  He  is  required  to  report  all  moneys  recovered  or 
collected  under  his  direction  to  the  officer  from  whom  the 
bond  or  other  evidence  of  debt  was  received,  in  order  that 
the  latter  may  give  proper  credit  therefor,  and  to  report 
likewise  all  credits  allowed  by  due  course  of  law  on  any 
suits  under  his  direction.     (R.  S.,  §  378.) 


THE    SOLICITOR   OF   THE   TREASURY.  369 

1000.  On  the  institution  of  a  suit  it  is  required  by  law, 
and  by  regulations  framed  by  authority  of  law,  that  the  dis- 
trict attorney  shall  at  once  transmit  a  statement  of  the  same 
to  the  Solicitor  of  the  Treasury.  The  statutes  also  direct 
that  at  the  end  of  each  term  of  the  United  States  courts 
the  district  attorneys  shall  forward  to  the  Solicitor,  except 
in  internal-revenue  suits,  full  and  particular  statements, 
verified  by  certificates  of  the  clerks  of  the  courts  respect- 
ively, of  all  causes  pending  in  said  courts,  and  of  those 
decided  therein  during  such  term,  in  which  the  United 
States  is  a  party ;  also,  on  the  first  day  of  October  in  each 
year,  that  they  shall  make  return  to  the  Solicitor  of  the 
number  of  suits  and  proceedings  commenced,  pending,  and 
determined  within  their  districts  during  the  fiscal  year  i^xt 
preceding  the  date  of  such  returns,  showing  the  dates  when 
such  proceedings  or  suits  were  commenced,  the  reasons  for 
delay  or  continuance  beyond  the  usual  or  a  reasonable  pe- 
riod, and  the  measures  taken  by  such  attorneys  to  press  the 
proceedings  or  suits  to  a  close.     (R.  S.,  §§  772,  773.) 

1001.  It  is  required  by  law  also  that  all  proceedings 
had  upon  writs  of  execution,  or  other  process  placed  in 
the  hands  of  United  States  marshals  for  the  collection  of 
moneys  adjudged  and  decreed  to  the  United  States  in  the 
courts  respectively,  shall  be  reported  by  those  officers  to 
the  Solicitor  of  the  Treasury  within  thirty  days  before  the 
commencement  of  the  terms  of  the  respective  Circuit  and 
District  Courts.     (R.  S.,  §  791.) 

1009.  It  is  likewise  required  that  every  clerk  of  a  Cir- 
cuit or  District  Court  shall,  within  thirty  days  after  the  ad- 
journment of  each  term  thereof,  forward  to  the  Solicitor  of 
the  Treasury  lists  of  all  judgments  and  decrees,  to  which 
the  United  States  is  a  party,  entered  in  those  courts  respect- 
ively during  that  term,  showing  the  amount  adjudged  or 
decreed  in  each  case  for  or  against  the  United  States  and 
24 


370  THE   EXECUTIVE   DEPARTMENTS. 

the  term  to  which  execution  thereon  is  returnable.  (R.  S., 
§  797.) 

1003.  Copies  of  any  documents,  records,  books,  or 
papers  in  the  office  of  the  Solicitor  of  the  Treasury,  cer- 
tified by  the  Solicitor  under  the  seal  of  his  office,  or  when 
the  office  is  vacant  by  the  officer  acting  as  Solicitor  for  the 
time,  may  be  used  in  evidence  equally  in  value  with  the 
originals.     (R.  S.,  §  883.) 

1004:.  The  Solicitor  is  required,  within  sixty  days  after 
receiving  a  report  from  the  Comptroller  of  any  person  in 
arrears  to  the  United  States,  from  whom  any  pay  or  salary 
is  withheld  on  account  of  such  liability,  to  order  suit  to  be 
commenced  against  the  delinquent  and  his  sureties.  (R. 
S.,4  1766.) 

100^.  It  is  his  duty  to  examine  and  satisfy  himself  as 
to  the  surety  of  certain  official  bonds  required  by  law  to  be 
executed,  viz.: 

Those  of  disbursing  clerks  in  the  several  departments. 
(R.  S.,  §  176.) 

Assistant  Treasurers  of  the  United  States,  and  all  officers 
in  any  mint  or  assay  office  authorized  by  law  to  act  as 
Assistant  Treasurers.     (R.  S.,  §  3600.) 

Collectors  of  internal  revenue,  who  are  required  to  exe- 
cute bonds  with  not  less  than  five  sureties.     (R.  S.,  §  3143.) 

The  Commissioner  and  the  Chief  Clerk  of  the  Depart- 
ment of  Agriculture ;  the  former  in  the  sum  of  ten  thou- 
sand dollars  and  the  latter  in  the  sum  of  five  thousand  dol- 
lars.    (R.  S.,  §  524.0 

1006.  Whenever  a  seizure  is  made  to  enforce  a  forfeit- 
ure, the  collector  or  person  causing  the  seizure  is  required 
by  statute  to  report  at  once  to  the  Solicitor  of  the  Treasury. 
_(.R.  S.,  §  3083.) 

1007.  The  Solicitor  of  the  Treasury  is  required  to  issue 
a  distress  waiTant,  directed  to  the  marshal  of  the  proper 


THE   SOLICITOR   OF   THE   TREASURY.  371- 

district,  against  any  delinquent  collector  of  the  revenue, 
receiver  of  public  money,  or  other  officer  in  the  receipt  of 
public  money,  or  the  sureties  of  such  officer,  whom  the 
Comptroller  or  the  Commissioner  of  Customs  may  report 
as  having  failed  either  to  collect,  or  to  render  his  accounts, 
or  to  pay  over  such  moneys  in  the  manner  and  within  the 
time  as  provided  by  law.  Such  distress  warrant  must  ex- 
press therein  the  amount  with  which  the  said  officer  is 
chargeable,  and  the  sums,  if  any,  which  have  been  paid 
over  by  him,  so  far  as  the  same  are  ascertainable.  (R.  S., 
§§  3217,  3625.) 

10©8.  Upon  a  report  of  a  district  attorney,  or  any  spe- 
cial attorney  having  charge  of  any  claim  in  favor  of  the 
United  States,  showing  in  detail  the  condition  of  such  claim 
and  the  terms  upon  which  the  same  may  be  compromised, 
and  recommending  that  it  be  compromised  upon  the  terms 
offered,  and  upon  the  recommendation  of  the  Solicitor  of 
the  Treasury,  the  Secretary  of  the  Treasury  is  authorized  to 
compromise  such  claim  accordingly.  Cases  arising  under 
the  internal-revenue  laws  and  claims  under  the  postal  laws, 
as  regards  the  compromise  of  the  same,  are  otherwise  pro- 
vided for  in  special  sections  of  the  statutes,  and  accordingly 
would  seem  to  be  excepted  from  this  authority  given  the 
Solicitor.     (R.  S.,  §§  295,  3229,  3469.) 

1000.  At  every  sale  on  execution,  at  the  suit  of  the 
United  States,  of  lands  or  tenements  of  a  debtor,  the  United 
States  may,  by  such  agent  as  the  Solicitor  of  the  Treasury 
shall  appoint,  become  the  purchaser  thereof ;  but  in  no  case 
shall  the  agent  bid  in  behalf  of  the  United  States  a  greater 
amount  than  that  of  the  judgment  and  costs.  Upon  such 
purchase  the  marshal  of  the  appropriate  district  is  required 
to  make  all  needful  conveyances  to  the  United  States.  (R. 
S.,  §  3470.) 

1010.  The  Solicitor  of  the  Treasury  is  authorized,  with 


372  THE   EXECUTIVE   DEPARTMENTS. 

the  approbation  of  the  Secretary  of  the  Treasury,  to  rent, 
for  a  period  not  exceeding  three  years,  or  to  sell  at  public 
sale,  in  such  manner  and  upon  such  terms  as  may  in  his 
judgment  be  most  advantageous  to  the  public  interests, 
any  unproductive  lands,  or  other  property  of  the  United 
States,  acquired  under  judicial  process  or  otherwise  in 
the  collection  of  debts,  after  advertising  the  time,  place, 
and  conditions  of  such  sale  for  three  months  preceding  the 
same  in  some  newspaper  published  in  the  vicinity  thereof. 
(R.  S.,  §  3749.) 

1011.  Another  statute  gives  a  similar  authority  to  the 
Commissioner  of  Internal  Revenue,  as  regards  lands  or 
property  acquired  in  payment  of  debts  arising  under  the 
internal-revenue  laws,  thus  constituting  an  exception  to  the 
general  authority  given  the  Solicitor  of  the  Treasury.  (R. 
S.,  §§  3208.) 

lOlS.  The  Solicitor  of  the  Treasury  has  charge  of  lands 
and  other  property  which  have  been  or  may  be  assigned, 
set  off,  or  conveyed  to  the  United  States,  of  all  trusts  cre- 
ated for  the  use  of  the  United  States,  and  of  the  sale  and 
disposal  of  lands  assigned  to  or  set  off  to  the  United  States 
in  payment  of  debts,  or  vested  in  the  United  States  by 
mortgage  or  other  security  for  such  payment.  In  cases 
where  real  estate  has  become  the  property  of  the  United 
States,  by  conveyance,  extent  or  otherwise,  in  payment  of 
a  debt,  and  such  debt  is  afterwards  fully  paid  in  money, 
and  the  same  has  been  received  by  the  United  States,  the 
Solicitor  of  the  Treasury  may  release  by  deed  or  otherwise 
convey  the  said  real  estate  to  the  debtor  from  whom  it  was 
taken,  if  living,  or  if  such  debtor  is  dead  to  his  heu-s  or 
devisees,  or  such  person  as  they  may  appoint.  The  law, 
however,  excepts  from  this  provision  all  property  or  real 
estate  acquired  by  the  United  States  in  payment  of  any 
debt  arising  under  the  internal-revenue  laws,  and  vests  the 


THE   SOLICITOR   OF   THE   TREASURY.  373 

charge  thereof  in  the  Commissioner  of  Internal  Revenue. 
(R.  S.,  §§  3208,  3750,  3751.) 

1013.  The  Solicitor,  by  direction  of  the  Secretary  of  the 
Treasury,  may  cause  a  stipulation  to  be  entered  into  by  the 
proper  district  attorney  for  the  discharge  from  seizure,  ar- 
rest, attachment,  or  proceeding  in  any  judicial  proceeding 
under  the  laws  of  any  State,  district,  or  Territory,  of  any 
property  owned  or  held  by  the  United  States,  or  in  which 
the  United  States  has  or  claims  an  interest,  to  the  effect 
that  upon  such  discharge  the  person  asserting  the  claim 
against  such  property  shall  become  entitled,  as  against  the 
United  States,  to  all  the  rights  he  would  have  had  in  case 
possession  of  such  property  had  not  been  changed.  ,  (R.  S., 
§§  3753,  3754.) 

1014.  Upon  a  report  from  the  Congressional  Printer  of 
the  default  of  any  contractor  in  furnishing  paper  according 
to  contract,  the  Solicitor  of  the  Treasury  is  required  to 
prosecute  such  defaulting  contractor,  and  his  sureties  upon 
the  bond,  in  the  Circuit  Court  of  the  United  States  of  the 
district  in  which  such  contractor  resides.     (R.  S.,  §  3777.) 

1015.  Fees  of  special  counsel  in  prize  cases  incurred  or 
authorized  by  any  department,  or  for  the  defense  of  captors 
against  demands  for  damages  made  by  claimants  in  the 
District  Court,  not  paid  by  claimants,  nor  from  the  prize 
fund  in  the  particular  case,  and  audited  and  allowed  by  the 
department  incurring  or  authorizing  them,  and  by  the  Sol- 
icitor of  the  Treasury,  are  by  law  chargeable  upon  and 
payable  out  of  the  funds  appropriated  for  defraying  the 
expenses  of  suits  in  which  the  United  States  is  a  party  or 
interested.     (R.  S.,  §  4649.) 

1016.  Besides  these  specifically  laid  down  by  statute, 
other  duties  devolve  upon  the  office,  such  as  the  Secretary 
of  the  Treasury  may  from  time  to  time  impose  upon  the 
Solicitor  of  the  Treasury  as  the  law  officer  of  his  depart- 


374  THE  EXECUTIVE  DEPARTMENTS. 

ment.  These  are  of  a  very  important  and  engrossing  char- 
acter, affecting  questions  arising  in  the  administration  of 
the  Treasury  and  requiring  legal  consideration. 

1017.  In  the  consideration  of  these  questions,  and  of 
others  to  which  attention  may  be  directed  in  connection 
with  the  numerous  pending  suits,  the  office  of  the  Solicitor 
of  the  Treasury  has,  in  addition  to  the  head  of  the  office, 
the  Assistant,  and  other  gentlemen  trained  to  the  prbfession 
of  the  law,  the  aid  of  a  well-selected  law  library,  comprising 
six  thousand  volumes,  embracing  nearly  all  the  standard 
text-books  and  the  law  reports  of  United  States  and  of  State 
courts,  as  well  as  the  statutes  of  the  several  States. 

1018.  The  Secret  Service  Division  has  also  been  placed 
under  the  general  supervision  of  the  Solicitor.  It  is  actu- 
ally a  division  of  the  office  of  the  Secretary  of  the  Treas- 
ury. A  reference  to  its  duties  has  been  made,  more  appro- 
priately, perhaps,  in  connection  with  the  other  divisions  of 
that  office. 

1019.  It  has  been  a  custom  of  long  standing  to  refer 
to  the  Solicitor  many  of  the  cases  for  remission  of  fines, 
penalties,  and  forfeitures  under  the  customs  laws.  These 
cases  are  often  very  voluminous,  as  regards  the  testimony 
of  witnesses  and  statement  of  fact  of  the  district  judge. 
Such  a  reference  calls  for  a  report  advising  the  Secretary 
whether,  upon  the  facts  and  evidence  presented,  it  may  be 
reasonably  concluded  that  the  person  who  has  incurred  the 
fine,  penalty,  or  forfeiture,  so  incurred  the  same  without 
willful  negligence  or  intention  of  fraud ;  for,  upon  being 
satisfied  upon  these  points,  the  Secretary  is  authorized  by 
statute  to  remit  such  fine,  penalty,  or  forfeiture.  The  ref- 
erences of  cases  of  this  character  originate  in  the  Naviga- 
tion Division  of  the  Secretary's  office. 

lOSO.  It  has  been  customary  also  for  the  Secretary  to 
refer  to  the  Solicitor  of  the  Treasury,  for  expression  of  his 


THE   SOLICITOR   OF   THE   TREASURY.  375 

opinion,  questions  arising  in  the  administration  of  the  cus- 
toms laws.  Many  of  these  involve  the  construction  to  be 
given  to  the  tariff  acts ;  and  as  these  acts  are  among  the 
most  complex  subjects  of  legislation,  the  examinations  of 
the  cases  submitted  require  often  the  most  laborious  and 
exhaustive  research  in  their  treatment.  ^ 

i<5>Si.  It  has  been  customary  also  to  refer  for  the  ex- 
amination of  the  Solicitor  all  official  bonds  of  Treasury 
officers,  besides  the  various  contracts,  contractors'  bonds, 
and  other  legal  instruments.  In  this  regard  the  office  of 
the  Solicitor  is  frequently  called  upon  to  draft  legal  instru- 
ments of  varying  character.  These  and  the  former,  from 
their  great  number,  occupy  a  large  share  of  the  time  and 
attention  of  the  office.  The  official  bonds  subject  by  law 
to  the  approval  of  the  Solicitor  are  only  those  of  Assistant 
Treasurers  of  the  United  States,  collectors  of  internal  reve- 
nue^ disbursing  clerks  of  the  several  departments,  and  of  the 
Commissioner  and  Chief  Clerk  of  the  Department  of  Agri- 
culture. 

10^^.  An  important  and  responsible  duty,  and  often  a 
delicate  one,  is  imposed  by  law  upon  the  Solicitor  in  the 
matter  of  proposals  for  a  compromise  of  claims  of  the 
United  States.  The  section  of  the  Revised  Statutes  author- 
izing such  compromise  has  been  before  cited,  in  referring 
to  the  specific  statutory  duties  of  that  officer.  In  accord- 
ance with  an  opinion  of  the  Attorney-General,  judgments 
in  internal-revenue  suits  are  embraced  under  the  general 
description  of  claims,  and  are  subjects  of  compromise  under 
this  section.  An  offer  of  compromise  is  generally  made  in 
the  form  of  a  petition  or  application  either  to  the  United 
States  attorney  in  charge  of  the  claim,  to  the  Solicitor  of 
the  Treasury,  or  to  the  Secretary  of  the  Treasury.  By  law 
the  concurrence  of  all  these  officers  is  required  before  a 
claim  can  be  compromised.     It  must  first  have  the  favor- 


376        THE  EXECUTIVE  DEPARTMENTS. 

able  recommendation  of  the  United  States  attorney,  then 
the  concurrence  therein  of  the  Solicitor,  and  finally  the 
approval  of  the  Secretary,  who  may  then  direct  the  Sol- 
icitor to  cause  the  proposed  compromise  to  be  carried 
into  effect.  It  is  required  of  the  United  States  attorney, 
when  l^e  reports  in  favor  of  a  compromise,  that  he  state 
fully  the  facts  and  circumstances,  the  pecuniary  situation  of 
the  debtor,  the  probabilities  of  recovery  of  judgment,  or,  if 
in  judgment,  of  the  collection  of  the  same  on  execution ; 
and,  in  a  word,  that  he  state  the  grounds  upon  which  lie 
deems  a  compromise  advisable  in  a  given  case.  For  it  has 
been  held  in  the  Solicitor's  office  as  an  inflexible  rule  of 
action  in  compromise  cases,  that  the  enactment  authoriz- 
ing a  compromise  was  made  in  the  interests  of  the  United 
States,  and  is  to  be  construed  entirely  with  reference  to 
expediency  on  the  part  of  the  Government  in  the  present 
acceptance  of  a  part  of  the  claim,  instead  of  risking  the 
entire  amount  through  uncertaint}'^  in  obtaining  judgment, 
or  by  reason  of  the  known  or  probable  insolvency  of  the 
parties  indebted. 

10^3.  The  regulations  which  the  Solicitor  has  issued 
by  authority  of  law  require  district  attorneys  and  clerks  of 
courts  to  report,  on  blanks  supplied  them  for  the  purpose, 
the  commencement  of  suits  immediately  after  process  shall 
be  issued,  and  the  proceedings  at  each  term  of  the  court 
in  all  pending  cases.  Those  regulations  also  require  of 
district  attorneys  a  statement  on  the  first  of  October  an- 
nually of  all  suits  commenced,  pending,  and  determined, 
and  the  proceedings  therein  within  their  respective  districts 
during  the  fiscal  year  next  preceding,  classifying  such  suits 
according  to  their  designation  of  Treasury  transcript ;  fines, 
penalties,  and  forfeitures  under  customs  and  navigation 
laws ;  custom-house  bond ;  collectors  or  those  against  cus- 
toms officers  for  acts  committed  or  for  refund  of  moneys 
exacted ;  fines,  &c.,  under  postal  laws ;  and  miscellaneous. 


THE   SOLICITOR   OF   THE   TREASURY.  ,877 

10^4.  District  attorneys  are  charged  to  press  suits  to 
judgment  at  the  earliest  day  practicable  and  consistent 
with  the  public  interests ;  to  refrain  from  a  continuance 
or  suspension  of  proceedings,  from  giving  consent  to  dis- 
missal, or  from  the  entry  of  a  judgment  for  a  less  sum 
than  is  claimed  by  the  United  States,  unless  specifically 
instructed.  They  are  charged  also  to  place  executions  in 
the  hands  of  marshals  as  soon  after  judgment  as  practi- 
cable, and  to  take  prompt  and  efficient  measures  to  enforce 
satisfaction.  They  are  prohibited  from  receiving  payment 
of  any  debt  due  the  United  States  when  not  specially 
directed  by  law  or  by  the  Solicitor  of  the  Treasury. 

lO^O.  They,  as  well  as  marshals  and  clerks  of  United 
States  courts,  are  directed  by  special  regulations  addressed 
to  each  in  a  manner  calculated  to  secure,  from  time  to 
time,  full  and  prompt  reports  concerning  suits,  so  that 
the  dockets  of  this  office  may  at  all  times  show  the  situa- 
tion of  any  case  in  charge  of  the  Solicitor  of  the  Treasury. 
These  regulations  are  designed  also  to  secure  from  them 
the  most  efficient  aid  in  the  recovery  of  all  indebtedness  to 
the  United  States  in  suit  or  in  judgment. 


378  THE   EXECUTIVE   DEPARTMENTS. 


CHAPTER  XXITI. 

THE   DEPARTMENT    OF    THE    NAVY. 

10S45.  The  Department  of  the  Navy  was  not  established 
until  April  30,  1798.  Previously  the  Secretary  of  War  had 
charge  of  matters  relating  both  to  the  land  and  naval 
forces. 

The  head  of  the  department  is  the  Secretary  of  the 
Navy.  iVs  in  the  other  executive  departments,  there  is  a 
Chief  Clerk  to  supervise  the  clerical  business. 

10^7.  It  is  provided  also  that  the  business  shall  be 
distributed  among  the  following-named  bureaus : 
^  1.  Yards  and  Docks. 
-  2.  Equipment  and  Recruiting. 

3.  Construction  and  Repairs. 

4.  Steam  Engineering. 

\!  5.  Navigation,  including  a  Hydrographic  Office. 
V  6.  Ordnance. 

7.  Provisions  and  Clothing. 

8.  Medicine  and  Surgery. 

Each  of  these  bureaus  has  a  chief,  whose  appointment  is 
to  be  made  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  from  certain  selected  classes  of 
officers  named  in  the  statutes^  or  from  officers  having  the 
relative  rank  of  captain  in  the  staff  corps  of  the  navy  on 
the  active  list. 

10^8.  The  Chiefs  of  the  Bureau  of  Yards  and  Docks, 
of  the  Bureau  of  Equipment  and  Recruiting,  of  the  Bureau 
of  Navigation,  and  of  the  Bureau  of  Ordnance  must  be 
appointed  from  the  list  of  naval  officers  not  below  the 
grade  of  commander. 


THE  SECRETARY  OF'  THE  NAVY.         379 

10^9.  The  Chief  of  the  Bureau  of  Construction  and 
Repairs  is  required  to  be  appointed  from  the  list  of  officers 
of  the  navy  not  below  the  grade  of  commander,  and  he 
must  also  be  a  skillful  naval  constructor. 

1030.  The  Chief  of  the  Bureau  of  Steam  Engineering 
is  required  to  be  appointed  from  among  the  chief  engi- 
neers of  the  navy,  and  he  must  be  a  skillful  engineer. 

1031.  The  Chief  of  the  Bureau  of  Provisions  and 
Clothing  is  required  to  be  appointed  from  the  list  of  pay- 
masters of  the  navy  of  not  less  than  ten  years'  standing. 

103^.  The  Chief  of  the  Bureau  of  Medicine  and  Sur- 
gery is  required  to  be  appointed  from  the  list  of  surgeons 
of  the  navy. 

1033.  Each  of  these  bureaus  has  a  Chief  Clerk  pro- 
vided by  law ;  also  its  several  clerks  of  the  different  classes 
and  draughtsmen  when  needed,  as  appropriated  for  by 
Congress  from  year  to  year. 

1034:.  All  estimates  for  specific,  general,  and  contin- 
gent expenses  of  the  department  and  of  the  several  bureaus 
must  be  furnished  to  the  Secretary  of  the  Navy  by  the  chiefs 
of  these  bureaus  respectively. 

103^.  These  bureaus  are  charged  with  the  custody  of 
the  books,  records,  and  accounts  pertaining  to  their  respect- 
ive duties,  which  duties  are  performed  under  the  authority 
of  the  Secretary  of  the  Navy.  Their  orders  are  considered 
as  emanating  from  him. 

To  particularize  the  duties  of  these  several  officers  and 
organizations,  we  commence  with  the  head  of  the  depart- 
ment. 

The  Secretary  of  the  Navy. 

1036.  The  Secretary  of  the  Navy  is  required  to  keep 
in  proper  books  a  complete  inventory  of  all  property  be- 
longing to  the  United  States  in  the  buildings,  rooms,  offices, 


380         THE  EXECUTIVE  DEPARTMENTS. 

and  grounds  occupied  by  him  and  under  his  charge.  ( R. 
S.,  §  197.) 

1037.  He  is  required  to  execute  such  orders  as  he  shall 
receive  from  the  President  relative  to  the  procurement  of 
naval  stores  and  materials  and  the  construction,  armament, 
equipment,  and  employment  of  vessels  of  war,  as  well  as 
all  other  matters  connected  with  the  naval  establishment. 
(R.  S.,  §  417.) 

1038.  He  has  the  custody  and  charge  of  all  the  books, 
records,  and  other  property  remaining  in  and  appertaining 
to  the  department.     (R.  S.,  §  418.) 

1039.  He  is  required  to  cause  from  time  to  time  to 
be  collected  and  transmitted  to  him  at  the  seat  of  govern- 
ment all  flags,  standards,  and  colors  taken  by  the  navy 
from  the  enemies  of  the  United  States.     (R.  S.,  §  428.) 

1040.  He  is  required  to  report  annually  to  Congress — 
A  statement  of  the  appropriations  of  the  preceding  fiscal 

year  for  his  department,  showing  the  amount  appropriated 
under  each  specific  head,  the  amount  expended  under  each 
head,  and  the  balance  which  on  the  30th  day  of  June  pre- 
ceding such  report  remained  unexpended,  such  report  to 
be  accompanied  by  estimates  of  the  probable  demands  on 
each  appropriation. 

•A  statement  of  all  offers  for  contracts  for  supplies  and 
services  made  during  the  preceding  year  by  classes,^indi- 
cating  such  as  have  been  accepted. 

A  statement  showing  the  amounts  expended  during  the 
preceding  fiscal  year  for  wages  of  mechanics  and  laborers 
employed  in  building,  repairing,  and  equipping  vessels  of 
the  navy,  or  in  receiving  and  securing  stores  and  materials 
for  those  purposes,  and  showing  the  expenditures  for  the 
purchase  of  material  and  stores  for  the  same  purpose,  and 
the  cost  or  estimated  value  of  the  stores  on  hand  under  the 
appropriation  in  the  navy-yards  at  the  commencement  of 


THE   SECRETARY   OP  THE  NAVY.  381 

the  fiscal  year  next  preceding;  also' the  cost  or  estimated 
value  of  articles  received  and  expended  during  the  year, 
together  with  the  cost  or  estimated  value  of  the  articles 
belonging  to  the  appropriation  which  may  be  on  hand  in 
the  navy-yards  at  the  close  of  the  next  preceding  year. 

A  statement  of  all  acts  done  by  him  in  making  sale  of 
any  vessel  or  materials  of  the  navy,  specifying  all  vessels 
and  materials  sold,  the  parties  buying  the  same,  and  the 
amount  realized  therefrom ;  also  such  other  facts  as  may 
be  necessary  to  a  full  understanding  of  his  acts.  (R.  S.,  § 
429.) 

lOJrt.  The  estimates  for  expenditures  required  by  the 
Department  of  the  Navy,  for  the  purposes  specified  by  law 
under  particular  heads,  must  be  given  by  him  in  detail,  and 
the  expenditures  made  under  appropriations  therefor  must 
be  accounted  for,  so  as  to  show  the  disbursements  of  each 
bureau  under  the  respective  appropriations.  The  Secre- 
tary of  the  Navy  is  required  also  to  submit  annually  to 
Congress  estimates  of  the  claims  and  demands  chargeable 
upon  and  payable  out  of  the  naval  pension  fund.  (R.  S.,  §§ 
3666,  3667.) 

104*^.  All  appropriations  for  specific,  general,  and  con- 
tingent expenses  of  the  Navy  Department  are  required  to 
be  under  his  control  and  to  be  expended  by  his  direction. 
(R.  S.,  §  3676.) 

104S.  He  is  authorized  to  cause  to  be  prepared  at  the 
Hydrographic  Office  maps,  charts,  and  nautical  books  relat- 
ing to  and  required  in  navigation ;  to  publish  and  furnish 
them  to  navigators  at  the  (?ost  of  printing  and  paper ;  to 
purchase  the  plates  and  copyrights  of  such  existing  maps, 
charts,  navigators'  sailing  directions  and  instructions  as  he 
may  consider  necessary,  and  when  he  may  deem  it  expe- 
dient, under  such  regulations  and  instructions  as  he  may 
prescribe.     All  moneys  received  from  the  sales  of  such 


382  THE  EXECUTIVE   DEPARTMENTS. 

charts,  &c.,  are  required  to  be  paid  by  him  into  the  Treas- 
ury, to  be  used  in  the  further  preparation  of  maps,  charts, 
&c.,  as  before  stated.     (R.  S.,  §§  432,  433.) 

104:4:.  He  is  authorized  to  place  the  supervision  of  the 
Nautical  Almanac  in  charge  of  any  officer  or  professor  of 
mathematics  in  the  navy  who  is  competent  for  that  service. 
(R.  S.,  §  436.) 

104:5,  He  is  authorized  to  designate  a  board  of  naval 
surgeons  for  the  examination  of  persons  proposed  for  ap- 
pointment as  surgeons  and  assistant  surgeons  in  the  navy ; 
also  a  board  of  paymasters  for  the  examination  of  persons, 
as  to  their  physical,  mental,  and  moral  qualifications,  who 
are  proposed  for  appointment  as  assistant  paymasters  in 
the  navy ;  and  he  may  prescribe  the  examination  to  be 
made  as  to  the  qualifications  of  pefsons  proposed  for  pro- 
motion to  the  grades  of  passed  assistant  paymasters  and 
paymasters. 

The  bonds  required  of  such  officers  for  the  faithful  dis- 
charge of  their  duties  are  subject  to  the  examination  and 
approval  of  the  Secretary.  He  is  authorized  also  to  desig- 
nate a  board  of  competent  engineers  and  medical  officers 
for  the  examination  of  persons  proposed  for  appointment 
as  second  assistant  engineers  in  the  navy  or  for  appoint- 
ment or  promotion  in  the  engineer  corps.  (R.  S.,  §§  1370, 
1380,  1383,  1392.) 

104:@.  He  may  appoint  for  temporary  service  such  act- 
ing assistant  surgeons  as  the  exigencies  of  the  service  may 
require.     (R.  S.,  §  1411.) 

\04L7,  He  may  appoint  citizens  who  are  not  officers  of 
the  navy  to  be  storekeepers  on  foreign  stations,  and  fix 
the  amount  of  the  required  official  bond,  when  a  suitable 
commissioned  or  warrant  officer  of  the  navy  cannot  be 
ordered  on  such  service,  or  when  in  his  opinion  the  public 
interest  will  be  promoted  thereby.  (R.  S.,  §§  1414,  1415,  ** 
1438.) 


THE   SECRETARY  OF  THE  NAVY.  383 

1048.  He  is  authorized  to  discontinue  the  office  or 
employment  of  any  measurer  and  inspector  of  timber, 
clerk  of  the  yard,  clerk  of  the  commandant,  clerk  of  the 
storekeeper,  clerk  of  the  naval  constructor,  and  keeper  of 
the  magazine  at  any  navy-yard,  and  to  require  the  duties 
of  the  latter  to  be  performed  by  gimners.     (R.  S.,  §  1416.) 

104:0.  He  may  place  on  furlough  any  officer  on  the 
active  list  of  the  navy.     (R.  S.,  §  1442.) 

lO^O.  He  may  detail  a  line  officer  to  act  as  the  aid 
or  executive  of  the  commanding  officer  of  a  vessel  of  war 
or  naval  station,  which  detailed  officer,  w^en  not  imprac- 
ticable, must  be  next  in  rank  to  such  commanding  officer. 
(R.  S.,  §  1469.) 

lO^l.  He  is  required,  as  soon  after  the  5th  of  March 
in  each  year  as  possible,  to  notify  in  writing  each  member 
and  delegate  of  the  House  of  Representatives  of  any  va- 
cancy that  may  exist  in  the  district  of  such  member  or  del- 
egate in  the  cadet  midshipmen  at  the  Naval  Academy,  and 
he  may  fill  that  vacancy  unless  a  nomination  shall  be  made 
before  the  1st  of  July  by  the  member  or  delegate  entitled 
to  make  the  same.     (R.  S.,  §  1514.) 

10^3.  The  Secretary  of  the  Navy  may  prescribe  regu- 
lations for  the  examination  at  stated  times  of  all  candi- 
dates for  admission  to  the  Naval  Academy.    (R.  S.,  §  1515.) 

1053,  He  is  authorized  to  make  provision  by  regula- 
tion for  educating  at  the  Naval  Academy,  as  naval  con- 
structors or  steam  engineers,  such  midshipmen  and  others 
as  may  show  a  peculiar  aptitude  therefor,  afid  to  this  end 
to  form  a  separate  class  at  the  academy,  to  be  styled  cadet 
engineers,  or  otherwise  afford  to  such  persons  all  proper 
facilities  for  such  a  scientific  mechanical  education  as  will 
fit  them  for  these  professions.  He  may  annually  appoint 
cadet  engineers  in  the  navy,  not  exceeding  twenty-five  in 
number ;  but  no  persons  other  than  midshipmen  are  eligible 


384  THE  EXECUTIVE  DEPARTMENTS. 

unless  they  first  produce  satisfactory  evidence  of  mechan- 
ical skill  and  proficiency,  and  pass  an  examination  as  to 
their  mental  and  physical  qualifications.  (R.  S.,  §§  1522, 
1523  ;  Stats.  18,  p.  192,  act  June  22,  1874.) 

1 004.  He  is  required  to  arrange  the  course  of  studies 
and  the  order  of  recitations  at  the  Naval  Academy  so  that 
the  students  shall  not  be  required  to  pursue  their  studies 
on  Sunday.     (R.  S.,  §  1526.) 

9000.  He  is  required  to  name  the  vessels  of  the  navy, 
under  the  direction  of  the  President,  according  to  the  fol- 
lowing rule : 

Sailing  vessels  of  the  first  class  to  be  named  after  the 
States  of  the  Union ;  those  of  the  second  class,  after  the 
rivers ;  those  of  the  third  class,  after  the  principal  cities 
and  towns  ;  those  of  the  fourth  class,  as  the  President  may 
direct. 

Steamships  of  the  first  class  to  be  named  after  the  States 
of  the  Union ;  those  of  the  second  class,  after  the  rivers 
and  principal  cities  and  towns ;  and  those  of  the  third  class, 
as  the  President  may  direct.     (R.  S.,  §  1531.) 

1006.  The  Secretary  may  change  the  name  of  any 
vessel  purchased  for  the  navy  by  authority  of  law.  ( R.  S., 
§  1533.) 

1007.  He  is  authorized  to  designate  examining  boards 
to  judge  of  the  expediency  of  repairs  of  the  hull  and  spars 
and  of  the  sails  and  rigging  of  any  vessel  whereon  the 
expense  will  exceed  three  thousand  and  one  thousand  dol- 
lars respectively.     (R.  S.,  §§  1538,  1539.) 

1008.  He  is  authorized  to  sell  at  public  sale  such  ves- 
sels and  material  of  the  navy  as  in  his  judgment  cannot 
be  used,  fitted  out,  'or  repaired  to  advantage ;  and  he  is 
required  to  report  at  the  opening  of  each  session  of  Con- 
gress all  vessels  and  materials  so  sold,  the  purchasers, 
together  with  the  amount  realized,  and  any  other  facts 


THE   SECRETARY   OF   THE   NAVY.  385 

necessary  to  a  full  understanding  of  his  acts  in  this  regard. 
(R.  S.,  §  1541.)  • 

10o9.  The  orders,  regulations,  and  instructions  issued 
by  the  Secretary  of  the  Navy  prior  to  July  14,  1862,  with 
such  alterations  as  he  may  have  adopted  since  that  time 
with  the  approval  of  the  President,  are  to  be  recognized  as 
the  regulations  of  the  navy,  subject  to  alterations  adopted 
in  the  .same  manner.  He  is  required  to  cause  each  com- 
missioned or  warrant  officer  of  the  navy,  on  entering  the 
service,  to  be  furnished  with  a  copy  of  such  regulations. 
(R.  S.,  §§  1547,  1548.) 

I060.  He  may  cause  persons  in  the  navy  or  marine 
corps  who  become  insane  while  in  the  service  to  be  placed 
in  such  hospital  for  the  insane  as  in  his  opinion  will  be 
most  convenient  and  best  calculated  to  promise  a  restora- 
tion of  reason.  And  he  may  pay  to  such  hospital,  other 
than  the  Grovernment  Hospital  for  the  Insane  in  the  District 
of  Columbia,  the  pay  which  may  from  time  to  time  be  due 
such  insane  person ;  .and  he  may,  in  addition  thereto,  pay 
to  such  institution,  from  the  annual  appropriation  for  con- 
tingencies of  the  naval  service,  any  deficiency  of  a  reason- 
able expense,  not  exceeding  one  hundred  dollars  per  annum. 
(R.  S.,  §  1551.) 

loot.  He  may  establish  at  such  places  as  he  may  deem 
necessary  suitable  depots  for  coal  and  other  fuel  for  the 
supply  of  steamships  of  war.     (R.  S.,  §  1552.) 

1063.  He  is  authorized  to  substitute  for  the  rations  of 
coffee  and  sugar  the  extract  of  coffee  combined  with  milk 
and  su§ar,  provided  he  shall  believe  such  substitution  to  be 
conducive  to  the  health  and  comfort  of  the  navy  and  not 
more  expensive  to  the  Government.     (R.  S.,  §  1581.) 

1003.  He  is  required  to  provide  for  examinations  as  to 
the  qualifications  of  persons  designated  for  appointment  in 
the  marine  corps.     (R.  S.,  §  1599.) 
25 


^6  THE  EXECUTIVE   DEPARTMENTS. 

1064:.  He  is  required  to  deduct  from  the  pay  due  each 
of  the  officers  and  enlisted  men  of  the  marine  corps  twenty 
cents  per  month  for  every  officer  and  marine,  and  to  apply 
the  sum  so  deducted  to  the  fund  for  navy  hospitals.  (R.  S., 
§1614.) 

lOO^.  He  is  authorized,  under  the  direction  of  the  Pres- 
ident, to  cause  such  vacant  and  unappropriated  lands  of  the 
United  States  as  produce  live-oak  and  red-cedar  timber  to 
be  explored,  and  selection  to  be  made  of  such  tracts  or  por- 
tions thereof  as  in  his  judgment  may  be  necessary  to  furnish 
for  the  navy  a  sufficient  supply  of  such  timber.  (R.  S.,-  § 
2458.) 

1066.  All  purchases  and  contracts  for  supplies  and  ser- 
vices for  the  naval  service  are  required  to  be  made  under 
the  direction  of  the  Secretary.     (E,.  S.,  §  3714.) 

1067.  For  provisions,  clothing,  hemp,  and  other  mate- 
rials for  the  navy  the  Secretary  is  required  to  advertise,  once 
a  week  for  at  least  four  weeks,  in  one  or  more  of  the  prin- 
cipal papers  published  in  the  place  where  such  articles  are  to 
be  furnished,  for  sealed  proposals  for  furnishing  the  same, 
or  any  particular  class  thereof,  specifying  the  class  and  re- 
ferring bidders  to  the  several  chiefs  of  bureaus  for  printed 
schedules  giving  particulars.  For  the  transportation  of  such 
articles  he  is  required  to  advertise  for  a  period  of  not  less 
than  five  days.     (R.  S.,  §  3718.) 

1068.  If,  after  the  acceptance  of  a  proposal  and  the 
notification  thereof  to  the  bidder,  such  bidder  fails  to  exe- 
cute bond  within  the  prescribed  time,  the  Secretary  of  the 
Navy  is  directed  to  contract  with  some  other  person  for 
furnishing  the  supplies,  and  to  forthwith  cause  the  differ- 
ence between  the  amount  contained  in  the  proposal  so 
guaranteed  and  the  amount  which  he  shall  be  obliged  to 
pay  under  the  contract  to  be  charged  against  the  failing 
bidder  and  his  guarantor,  for  recovery  in  an  action  of  debt. 
(R.  S.,  §  3719.) 


THE  SECRETARY  OE  THE  NAVY.  387 

1069.  The  Secretary  is  required  to  preserve  all  such 
proposals,  with  a  record  thereof,  and  to  report  the  same  to 
Congress  at  the  commencement  of  each  regular  session; 
such  report  to  contain  a  schedule  of  the  offers  by  classes, 
indicating  such  as  have  been  accepted.     (R.  S.,  §  3720.) 

1070.  He  may  enter  into  contracts  for  tobacco  from 
time  to  time,  as  required,  for  a  period:  not  exceeding  four 
years ;  but  he  is  not  restricted  in  making  such  contracts  to 
the  lowest  bidder,  unless  economy  and  the  best  interests  pf 
the  service  in  his  opinion  require  it.  (R.  S.,  §3721.)  He 
ma^  reject  any  bid  for  articles  when  such  bid  appears  to 
him  excessive  or  ten  per  centum  above  tiheir  i^ix  market 
value.     (R.  S.,  §  3724.) 

10  71.  He  may  procure  preserved  meats,,  piqkles,  butter, 
flour,  and  desiccated  vegetables  in  such  manner  anjcl  under 
such  restrictions  and  guarantees  as  in  his  opinion  will  best, 
insure  the  good  quality  of  said  articles ;  but  in  making  con 
tracts  or  purchases  of  all  articles  for  naval  purposes  he;  is 
required  to  give  the  preference,  all  other  things,  ineludin^g 
price  and  quality,  being  equal,  to  articles  of  the  growth, 
production,  and  manufacture  of  the  United  States.  (R.  S., 
§§3726,3728.) 

107^.  All  contracts  made  by  the  Secretary  of  tl^e  Navy 
in  behalf  of  the  United  States,  or  by  officers  under  him,  are 
required  to  be  in  writing,  signed  by  the  contracting  parties, 
and  copies  are  required  to  be  filed  in  the  Returns  Office  of 
the  Department  of  the  Interior  at  once  or  within  thirty  days, 
together  with  all  bids,  offers,  and  proposals,  and  a  copy  of 
the  advertisement  relating  to  the  same.     (R.  S.,  §  3744.) 

1073.  It  is  his  duty  to  furnish  every  officer  appointed 
by  him  with  authority  to  make  contracts  on  behalf  of  the 
Government  with,  a  printed  letter  of  instructions  setting 
forth  the  duties  of  such  officer ;  also  to  furnisli  therewith 
forms,  printed  in  blank,  of  contracts  tofbe  made,  and  the 


388  THE   EXECUTIVE   DEPARTMENTS. 

affidavit  of  returns  required  to  be  affixed  thereto,  so  that  all 
the  instruments  may  be  as  nearly  uniform  as  possible.  (R. 
S.,  §  3747.) 

1074:.  In  any  case  of  capture  made  by  naval  vessels  he 
may  employ  special  counsel  for  the  captors,  when  in  his 
judgment  it  is  necessary  for  the  protection  of  the  interests 
of  the  captors  and  of  the  navy  pension  fund,  and,  under  his 
direction,  counsel  so  employed  may  institute  and  prosecute 
all  proceedings  necessary  to  protect  those  interests.  (R.  S., 
§  4620.) 

107«$.  When  a  captured  vessel  cannot  be  sent  int©  a 
port  for  adjudication  because  of  its  appropriation  to  the 
use  of  the  United  States,  or  of  its  loss  or  destruction,  or  of 
its  condition,  the  Secretary  of  the  Navy  may  designate  any 
district  in  which  proceedings  for  adjudication  may  be  com- 
menced. Upon  the  sale  of  prize  property  by  order  of  court 
he  may  employ  an  auctioneer  of  known  skill  to  make  the 
sale,  under  the  supervision  of  the  marshal ;  such  auctioneer 
to  receive  for  his  compensation  and  expenses  commissions, 
by  a  scale  to  be  established  by  the  Secretary,  not  to  exceed 
in  any  case  one-half  of  one  per  centum  on  any  sum  exceed- 
ing ten  thousand  dollars  on  vessels,  nor  one  per  centum  on 
any  sum  exceeding  ten  thousand  dollars  on  other  property. 
(R.  S.,  §§  4625,  4628,  4650.) 

1076.  The  Secretary  of  the  Navy  is  appointed  by  law 
the  trustee  of  the  navy  pension  fund.  All  penalties  and 
forfeitures  which  by  law  are  required  to  be  applied  to  this 
fund  are  required  to  be  sued  for,  recovered,  dfttributed, 
and  accounted  for  under  his  directions.  And  he  has  au- 
thority to  mitigate  in  whole  or  in  part,  upon  such  terms  as 
he  may  deem  proper,  by  an  order  in  writing,  any  fine,  pen- 
alty, or  forfeiture  incurred  for  cutting  or  destroying  or 
carrying  away  without  proper  authority  any  live-oak  or  red- 
cedar  trees  or  other  timber  reserved  for  the  use  of  the 
navy.     (R.  S.,  §§  4750,  4751.) 


THE   SECRETAEY   OF   THE   NAVY.  389 

1077.  As  trustee  of  the  naval  pension  fund  he  is  direct- 
ed by  law  to  cause  to  be  invested  in  the  registered  securi- 
ties of  the  United  States,  on  the  1st  of  January  and  the  1st 
day  of  July  of  each  year,  so  much  of  such  fund  then  in  the 
Treasury  of  the  United  States  as  may  not  be  required  for 
the  payment  of  naval  pensions  for  the  then  current  fiscal 
year,  to  receive  the  interest  in  coin  on  such  investment, 
and  to  deposit  the  said  interest,  after  exchanging  the  same 
into  currency,  in  the  Treasury  to  the  credit  of  that  fund. 
(R.  S.,  §  4753.) 

1078.  He  is  authorized  to  convene  a  board  of  not  more 
than  three  naval  officers,  one  of  whom  shall  be  a  surgeon,  to 
examine  into  the  condition  of  an  applicant  for  aid  from  the 
surplus  income  of  the  nftval  pension  fund,  and  to  recom- 
mend a  suitable  amount  for  the  relief  of  such  applicant, 
upon  which  recommendation  the  Secretary  may  issue  his 
certificate  thereof  to  the  Commissioner  of  Pensions. 

1079.  The  Secretary  may  also  issue  a  like  certificate 
to  the  Commissioner  of  Pensions  upon  being  satisfied  that 
an  applicant  for  the  benefit  of  the  naval  pension  fund  who 
has  served  as  an  enlisted  person  in  the  navy  or  marine 
corps  for  the  period  of  twenty  years,  and  has  not  been  dis- 
charged for  misconduct,  is  disabled  from  sea  service  by 
reason  of  age  and  infirmity,  in  lieu  of  providing  him  a 
home  in  the  Naval  Asylum  at  Philadelphia.  (R.  S.,  §§ 
4756,  4757.) 

i080.  The  Secretary  of  the  Navy  is  also  made  by  law 
the  trustee  of  the  privateer  pension  fund.  This  fund  is 
derived  from  two  per  centum  on  the  net  amount  of  the 
prize-money  arising  from  captured  vessels  and  cargoes,  and 
on  the  net  amount  of  the  salvage  of  vessels  and  cargoes 
recaptured  by  the  private  armed  vessels  of  the  United 
States,  and  is  held  in  reserve,  on  the  pledge  of  the  United 
States,  for  the  support  and  maintenance  of  the  widows  and 


390  THE   EXECUTIVE  DEPARTMENTS. 

orphans  of  persons  slain  and  for  the  benefit  of  persons 
wounded  and  disabled  on  board  of  private  armed  vessels 
of  the  United  States  in  any  engagement  with  the  enemy. 
(R.  S.,  4758,  4759.) 

1081.  He  has  general  charge  and  superintendence  of 
all  naval  hospitals.  He  is  authorized  to  deduct  from  the 
pay  of  each  officer,  seaman,  and  marine  in  the  navy  twenty 
cents  per  month,  to  be  applied  to  the  fund  for  such  hospi- 
tals ;  also  to  collect  and  apply  to  the  maintenance  of  such 
hospitals  all  fines  imposed  on  navy  officers,  seamen,  and 
marines.     (R.  S.,  §§  4807-4809.) 

108^.  He  is  required  to  procure  at  suitable  places 
proper  sites  for  navy  hospitals  and  to  cause  necessary  build- 
ittgs  to  be  erected,  having  due*  regard  to  economy,  and 
giving  preference  to  such  plans  as  with  most  convenience 
fttid  least  cost  will  admit  of  subsequent  additions  when  the 
funds  permit  and  circumstances  require ;  also  to  provide 
at  one  of  the  establishments  a  permanent  asylum  for  dis- 
abled and  decrepit  navy  officers,  seamen,  and  marines,  such 
asylum  to  be  governed  in  accordance  with  rules  and  regu- 
lations prescribed  by  him;     (R.  S.,  §§4810,  4811.) 

I.  The  Bureau  op  Yards  and  Docks. 

I083.  This  bureau  is  charged  with  the  support  and 
maintenance  of  all  navy-yards,  naval  stations,  basins,  docks, 
together  with  the  Naval  Asylum  and  grounds.  It  has  in 
charge  the  preparation  of  plans  for  the  construction,  alter- 
ation, improvement,  and  repair  of  all  buildings,  docks, 
wharves,  &c.,  connected  therewith,  and  has  the  general 
direction  of  all  matters  connected  with  such  construction 
atid  repairs.  It  has  charge  of  the  purchase  of  stores,  coal, 
fuel,  furniture ;  of  the  care  and  preservation  of  the  build- 
ings, and  the  general  management  of  the  expenditures  for 
all  of  these  and  kindred  purposes.     It  advertises  for  and 


BUREAUS    OF  THE   NAVY   DEPARTMENT.  391 

« 
receives  proposals  for  furnishing  articles  and  supplies  com- 
ing under  the  cognizance  of  the  bureau,  and  examines 
and  passes  upon  all  bids  and  makes  all  contracts  for  the 
same. 

The  navy-yards  carried  on  by  the  Government,  and  so 
under  charge  of  this  bureau,  are  those  at  Kittery,  Boston, 
New  London,  New  York,  League  Island,  Washington,  Nor- 
folk, Pensacola,  and  Mare  Island.  The  Naval  Asylum  is 
at  Philadelphia. 

II.  The  Bureau  of  Equipment  and  Recruiting. 

1084:.  This  bureau  attends  to  the  purchase  and  supply 
of  the  equipment  and  outfit  of  vessels,  embracing  coal, 
hemp,  wire,  hides,  and  other  material  for  the  manufacture 
of  rope,  cordage,  canvas,  leather;  also  cables,  anchors, 
galleys,  and  iron  for  the  manufacture  of  the  same ;  furni- 
ture, hose,  cooking  and  heating  stoves,  life-rafts,  tools,  and 
boat  apparatus.  It  also  directs  and  is  concerned  in  the 
hire  of  laborers  to  be  employed  in  the  equipment  of  ves- 
sels and  the  manufacture  of  the  necessary  articles.  It  also 
attends  to  the  recruiting  of  seamen  for  the  navy,  and  to  the 
establishment,  support,  and  maintenance  of  receiving  ships 
for  the  reception  and  discipline  of  recruits ;  also  to  the  ex- 
penditures of  the  fitting  up  of  such  vessels,  and  to  all  the 
contingent  expenses  attending  this  service.  It  provides  for 
the  transportation  of  enlisted  men,  the  apprehension  of 
deserters,  and  the  establishment  of  training  ships  for  the 
reception  and  education  of  boys  enlisted  for  training  as 
sailors  in  the  navy. 

III.  The  Bureau  of  Construction  and  Repair. 

1085.  This  bureau  has  the  general  oversight  and  direc- 
tion of  the  construction  and  repair  of  vessels  for  use  in  the 
naval  service,  and  to  this  end  has  the  charge  of  the  prepar- 


392  THE   EXECUTIVE   DEPARTMENTS. 

ation  of  plans,  the  purchase  of  material  and  stores  of  all 
kinds,  including  tools,  the  care  and  preservation  of  material 
on  hand,  the  hiring  and  pay  of  labor  employed  in  the  navy- 
yards  and  on  foreign  stations  in  the  construction  and  repair 
of  vessels,  the  protection  of  white-oak  and  timber  growing 
on  the  public  domain  reserved  by  act  of  Congress  for  the 
purpose  of  the  construction  of  naval  vessels,  &c.  This 
bureau  prepares  also  for  Congress  the  annual  estimates  for 
appropriations  for  this  branch  of  the  public  expenditure. 
It  also  receives,  opens,  and  attends  to  the  acceptance  of 
bids  for  furnishing  material  and  supplies  used  in  the  con- 
struction and  repair  of  vessels,  and  gives  attention  to  the 
payments  therefor. 

IV.  The  Bureau  op  Steam  Engineering. 

1086.  This  bureau  directs  and  has  supervision  of  the 
construction,  repair,  refitting,  and  preservation  of  the 
boilers,  engines,  and  machinery  of  naval  vessels  of  the 
United  States,  transacts  the  business  regarding  all  pur- 
chases of  the  materials,  stores,  and  supplies  necessary  for 
that  purpose,  and  the  care,  use,  and  preservation  of  the 
same.  It  conducts  experiments  to  test  the  economy,  effi- 
ciency, and  character  of  different  types  of  machinery,  and 
for  the  purpose  of  securing  reliable  data  pertaining  to  the 
science  of  marine  propulsion.  It  makes  up  the  estimates 
for  the  annual  appropriations  for  this  branch  of  the  naval 
service,  and  gives  general  attention  to  the  workings  of  the 
engineer  force  of  the  navy. 

V.  The  Bureau  op  N'avig ation. 

1087.  This  bureau  attends  to  all  matters  in  the  inter- 
ests of  the  navigation  of  the  vessels  of  the  United  States 
navy.  To  this  end  it  has  in  charge  the  construction  of 
marine  compasses  for  the  navy,  and  of  the  promotion  of 


THE   BUREAU   OF   NAVIGATION.  393 

appliances  for  testing  the  accuracy  and  deviation  of  such 
instruments.  It  supplies  charts,  maps,  and  sailing  direc- 
tions for  the  use  of  the  navy  ;  also  ships'  libraries,  contain- 
ing, besides  approved  works  on  navigation,  such  scientific, 
historical,  law,  and  miscellaneous  publications  as  are  of 
advantage  to  naval  officers.  It  supplies  nautical  and  astro- 
nomical instruments,  apparatus  for  naval  signals,  logs, 
leads,  and  all  appliances  for  the  navigation  of  our  vessels. 

1088.  Attached  to  this  bureau  is  the  Hydrographic 
Office,  established  by  act  of  Congress  for  the  improvement 
of  the  means  of  safe  navigation  of  United  States  naval 
vessels,  as  well  as  vessels  of  the  mercantile  marine,  by  sur- 
veys and  the  preparation  of  maps,  charts,  sailing  directions, 
and  nautical  books  required  by  and  relating  to  navigation. 

1080.  The  XFnited  States  Naval  Observatory  is  also 
under  the  direction  of  this  bureau,  and  the  Superintendent 
thereof  makes  his  annual  report  to  the  Chief  thereof  of 
astronomical  work  and  operations.  The  Nautical  Almanac 
Office  is  also  so  directed  in  its  operations,  consisting  in  the 
preparation  of  the  Almanac  and  its  distribution  to  the  ves- 
sels and  stations  of  the  navy,  to  surveying  and  exploring 
parties  of  the  army,  the  Coast  Survey,  the  General  Land 
Office,  observatories,  astronomers,  and  to  various  colleges 
and  public  institutions,  especially  to  those  in  which  astro- 
nomical observations  or  investigations  are  conducted. 

1090.  The  Naval  Signal  Office  is  also  attached  to  this 
bureau,  and  is  engaged,  under  its  direction,  in  experiments 
and  operations  conducive  to  a  complete  system  of  signals 
on  board  ship.  There  is  also  attached  to  this  bureau  the 
office  of  the  Superintendent  of  Compasses,  giving  its  atten- 
tion to  the  repairs,  inspection,  and  adjustment  of  compasses, 
and  to  experiments  in  testing  under  certain  conditions  the 
deviations  of  these  instruments. 

1001.  The  Navigation  Bureau  also  furnishes  all  esti- 
mates of  appropriations  required  for  these  purposes  and 


394  THE   EXECUTIVE   DEPARTMENTS. 

for  the  payment  of  other  expenses  pertaining  to  matters 
under  its  cognizance. 

VI.  The  Bureau  of  Ordnance. 

109^.  This  bureau  directs  the  manufacture,  care,  and 
preservation  of  all  ordnance  for  the  use  of  the  navy,  as 
well  as  the  purchase  and  supply  of  ordnance  stores,  tools, 
and  materials.  It  has  charge  of  magazines,  arsenals,  ord- 
nance buildings,  wharves,  machinery,  and  appliances  re- 
quired in  this  department  of  supply  for  naval  operations, 
and  conducts  the  necessary  repairs  of  the  same.  Under  its 
direction  experiments  are  made  in  ordnance  and  appliances 
for  offensive  and  defensive  warfare.  It  has  charge  of  the 
supplies  of  gunpowder  stored  in  magazines  and  of  the 
measures  for  its  care  and  protection.  It  has  charge  of 
explosives  for  torpedo  operations  and,  in  this  connection, 
of  the  school  of  instruction  in  torpedo  practice  at  Newport, 
Rhode  Island.  It  makes  up  annually  and  submits  for  Con- 
gress the  estimates  of  appropriation  for  the  expenditures 
of  this  branch  of  the  naval  service. 

VII.  The  Bureau  of  Provisions  and  Clothing. 

1093.  This  bureau  has  charge  of  all  matters  pertain- 
ing to  the  supply  of  provisions  aiul  clothing  for  the  navy 
and  small  stores  for  the  use  of  the  officers  and  men.  It 
passes  upon  bills  and  contracts  for  purchase  of  these  arti- 
cles when  made  at  naval  stations,  and  directs  the  manner 
of  accounting  for  the  same.  It  furnishes  estimates  of  ap- 
propriations required  for  provisions,  for  expenses  incidental 
to  the  preservation  and  handling  of  the  same,  and  for  stoics 
and  contingent  expenses. 

VIII.  The  Bureau  of  Medicine  and  Surgery. 

1094.  This  bureau  has  charge  of  all  matters  connect- 
ed with  the  construction,  repair,  improvement,  and  mainte- 


THE  BUREAU  OF  MEDICINE  AND  SURGERY.    395 

nance  of  naval  hospitals ;  also  with  the  care  and  treatment 
of  sick  and  invalid  seamen  belonging  to  vessels  of  the  navy 
and  of  the  sick  belonging  to  the  marine  corps.  It  also 
attends  to  the  purchase,  supply,  and  preservation  of  medical 
stores  and  surgical  appliances  to  be  used  in  hospitals  and 
on  vessels  at  sea. 

I09^.  It  also  gives  direction  to  the  medical  treatment 
of  officers  and  men  at  naval  stations  and  on  board  naval 
vessels.  It  receives  reports  and  compiles  statistics  as  to 
diseases  and  sickness  in  the  naval  service.  It  gives  atten- 
tion to  the  ventilation  and  proper  hygienic  condition  of 
sea-going  vessels  of  the  navy,  and  prepares  estimates  for 
appropriations  for  this  branch  of  the  service. 


396  THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  XXIY. 

THE   DEPARTMENT    OF    THE   INTERIOR. 

1096.  This  department  was  created  by  act  of  March 
3,  1849,  and  is  accordingly  the  last  of  the  executive  depart- 
ments in  the  order  of  rank  and  date. 

Its  head  is  the  Secretary  of  the  Interior.  Provision  is 
made  by  law  for  an  Assistant,  who  is  required  to  perform 
such  duties  as  may  be  prescribed  by  his  superior. 

One  of  the  Assistants  of  the  Attorney-Greneral  is  detailed 
as  the  Solicitor  of  this  department,  and  performs  such 
duties  as  are  assigned  him  by  the  head  thereof. 

The  statutes  provide  for  a  Chief  Clerk,  whose  duties  are 
mainly  of  a  supervisory  character,  as  explained  in  section 
29  hereinbefore,  in  treating  of  the  office  of  Chief  Clerk 
generally. 

1097.  This  department  comprises  the  following-named 
bureaus,  so  constituted  by  law.  These  bureaus,  with  the 
exception  of  two,  have  been  in  times  past  attached  to  dif- 
ferent departments  of  the  Grovernment,  and  were  transfer- 
red to  the*Department  of  the  Interior  by  the  act  creating 
the  latter : 

1.  The  General  Land  Office, 

2.  The  Office  of  Indian  Affairs. 

3.  The  Office  of  the  Commissioner  of  Pensions. 

4.  The  Patent  Office. 

5.  The  Office  of  Education. 

6.  The  Office  of  the  Auditor  of  Railroad  Accounts. 

7.  The  Census  Office. 

1098.  The  Interior  Department  is  next  to  the  Treasury 


THE  DEPARTMENT  OP  THE  INTERIOR.      397 

in  the  extent  of  its  grasp  of  the  material  and  practical  in- 
terests of  the  people.  It  conducts  the  surveys  of  the  public 
lands,  administers  the  intricate  system  growing  out  of  the 
pre-emption,  homestead,  timber-culture,  and  land-grant  laws, 
and  directs  the  sale  and  disposal  of  lands  pertaining  to  our 
vast  public  domain.  It  manages  all  our  relations  with  the 
Indian  tribes.  It  directs  and  controls  the  issue  of  patents 
to  inventors.  It  executes  the  various  and  complicated  pen- 
sion and  bounty  laws.  It  is  charged  with  the  collection  and 
diffusion  of  information  respecting  the  organization  and 
nianagement  of  school  systems,  and  with  the  promotion  of 
the  cause  of  education  throughout  the  country. 

The  Secbetary  of  the  Interior. 

1099.  The  Secretary  of  the  Interior  is  charged  gener- 
ally with  the  supervision  of  the  public  business  under  the 
following  heads,  viz.: 

1.  The  census,  when  directed  by  law. 

2.  The  public  lands,  including  mines. 

3.  The  Indians. 

4.  Pensions  and  bounty  lands. 

5.  Patents  for  inventions. 

6.  The  custody  and  distribution  of  public  documents. 

7.  Education. 

8.  The  Grovernment  Hospital  for  the  Insane. 

9.  Freedmen's  Hospital,  District  of  Columbia. 
10.  Railroad  accounts. 

The  duties  in  respect  of  these  branches  of  business  are 
performed,  by  his  direction  and  under  his  regulations, 
mainly  through  the  several  bureaus  before  mentioned,  but 
the  statutes  invest  him  with  specific  functions  and  require 
duties  specifically  of  him,  as  follow : 

1100.  He  is  required  to  keep  in  proper  books  a  com- 
plete inventory  of  all  public  property  under  his  control  in 


THE   EXECUTIVE  DEPARTMENTS. 

the  buildings,  offices,  and  grounds  occupied  by  bis  depart- 
ment.    (R.  S.,  §  197.) 

1101.  He  is  required  to  exercise  all  the  powers  and 
perform  all  the  duties,  in  relation  to  the  Territories  of  the 
United  States,  that  were,  prior  to  March  1,  1873,  by  law  or 
by  custom,  exercised  and  performed  by  the  Secretary  of 
State.     (R.  S.,  §442.) 

110^.  As  explained  hereafter,  he  exercises  certain  su- 
pervisory powers  relative  to  the  taking  and  returning  the 
census  of  the  United  States.     (Act  March  3,  1879.) 

1103*  He  is  required  to  sign  all  requisitions  for  the 
advance  or  payment  of  money  out  of  the  Treasury  upon 
estimates  or  accounts  for  expenditures  of  public  business 
assigned  by  law  to  this  department,  subject  to  adjustment 
and  control  by  the  proper  accounting  officers  of  the  Treas- 
ury.    (R.  S.,  §444.) 

1104:.  He  is  required  to  make  annual  reports  to  Con- 
gress showing  the  nature,  character,  and  amount  of  all 
claims  presented  to  him  during  the  preceding  year,  under 
laws  or  treaty  stipulations,  for  compensation  on  account  of 
depredations  committed  by  Indians,  whether  allowed  by 
him  or  not,  and  to  submit  the  evidence  upon  which  any 
action  on  his  part  was  based ;  also  reports  showing  the 
quantity  and  kind  of  the  copies  of  public  journals,  books, 
and  documents  which  have  been  received  by  him  for  dis- 
tribution on  behalf  of  the  Grovernment,  and  showing  also 
the  time  when,  the  place  where,  and  the  person  to  whom 
any  of  the  same  have  been  distributed  and  delivered  during 
the  preceding  year.     ( R.  S.,  §  445.) 

110^.  It  is  made  his  duty  to  prepare  and  cause  to  be 
published  such  regulations  as  he  may  deem  proper,  pre- 
scribing the  manner  of  presenting  claims  arising  under 
laws  or  treaty  stipulations  for  compensation  on  account  of 
depredations  committed  by  the  Indians,  and  the  degree 


THE   SECKETARY   OF   THE   INTERIOR.  S99 

and  character  of  the  evidence  necessary  to  support  such 
claims ;  also  to  carefully  investigate  all  such  claims  as  may 
be  presented,  subject  to  the  regulations  prepared  by  him. 
No  payments  can  be  made  on  account  of  such  claims  with- 
out a  specific  appropriation  by  Congress.     (R.  S.,  §  466.) 

110@.  He  is  required  to  adopt  and  enforce  necessary 
rules  to  prohibit  the  sale  of  arms  or  ammunition  within 
any  district  or  country  occupied  by  uncivilized  or  hostile 
Indians.     (R.  S.,  §  467.) 

1107.  He  is  charged  with  receiving,  arranging,  and  the 
safe -keeping  for  distribution,  and  with  the  distribution  to 
the  persons  entitled  by  law  to  receive  the  same,  all  printed 
journals  of  the  two  Houses  of  Congress,  and  all  other  books 
and  documents  of  every  nature  whatever  already  or  here- 
after directed  by  law  to  be  printed  or  purchased  for  the 
use  of  the  Government,  except  such  as  are  directed  to  be 
printed  or  purchased  for  the  particular  use  of  Congress,  or 
of  either  House  thereof,  or  for  the  particular  use  of  the 
Executive  or  of  any  of  the  departments.     (R.  S.,  §  497.) 

1108.  He  is  required  to  furnish  the  Department  of 
Justice,  as  they  may  be  published,  a  sufficient  number  of 
the  reports  of  the  Supreme  Court  of  the  United  States,  for 
distribution  by  that  department  to  such  officers  of  the  Uni- 
ted States  courts  as  are  entitled  to  them.     (R.  S.,  §  498.) 

1109.  It  is  provided  that  under  his  direction  a  register 
shall  be  kept  of  all  publications  received  for  safe -keeping 
and  distribution,  showing  the  quantity  and  kind  at  any  time 
received  and  the  time  when,  the  place  where,  and  the  per- 
son to  whom  any  of  such  documents  have  been  distributed. 

Except  when  otherwise  directed  by  law,  he  is  authorized 
to  deliver  such  publications  only  on  the  written  requisitions 
of  the  heads  of  departmerlfs.  Secretary  of  the  Senate,  Clerk 
of  the  House  of  Representatives,  Librarian  of  Congress, 
and  of  other  officers  and  persons  legally  entitled  to  receive 
the  same.     (R.  S.,  §§  499,  500.) 


400  THE  EXECUTIVE  DEPARTMENTS. 

1110.  The  copies  of  books  and  public  documents  au- 
thorized to  be  distributed  to  incorporated  bodies,  institu- 
tions, and  associations  within  the  States  and  Territories  are 
to  be  distributed  to  such  bodies  as  may  be  designated  to 
the  Secretary  of  the  Interior  by  each  of  the  Senators  from 
the  several  States  respectively,  and  by  the  Representatives 
in  Congress  from  each  Congressional  district,  and  by  the 
Delegate  from  each  Territory,  such  distribution  to  be  made 
so  that  the  quantity  to  each  Congressional  district  and 
Territory  shall  be  equal.  But  where  the  number  of  copies 
is  insufficient,  those  subject  to  disposal  may  be  distributed 
to  such  incorporated  colleges,  public  libraries,  athenaeums, 
literary  and  scientific  institutions,  boards  of  trade,  or  public 
associations  as  the  Secretary  of  the  Interior  may  select. 
(R.  S.,  §  501.) 

1111.  The  selection  by  him  of  an  institution  to  receive 
the  documents  ordered  to  be  published  or  procured  at  the 
first  session  of  any  Congress  controls  the  documents  of  the 
entire  Congress,  unless  another  designation  be  made  before 
any  distribution  has  taken  place  under  the  selections  first 
made.  When  the  same  work  is  printed  by  order  both  of 
the  Senate  and  House  the  duplicates  may  be  sent  to  differ- 
ent institutions,  if  so  desired  by  the  member  having  the 
right  to  direct  the  distribution.  The  pubnc  documents  so 
to  be  distributed  must  be  sent  to  the  institutions  designa- 
ted, unless  the  Secretary  of  the  Interior  is  satisfied  that 
such  institution  is  no  longer  a  suitable  depository  of  the 
same.  Congressional  journals  and  public  documents  au- 
thorized to  be  distributed  to  institutions  on  the  designation 
of  members  of  Congress  must  be  sent  to  such  libraries  and 
institutions  only  as  shall  signify  a  willingness  to  pay  the 
cost  of  transportation.     (R.  S.,  5  502.) 

111^.  He  is  required  to  transmit  to  the  Executives  of 
the  several  Stjites  and  Territories  respectively  a  sufficient 


THE   SECRETARY   OF   THE   INTERIOR.  401 

number  of  the  public  journals  of  the  Senate  and  House  to 
furnish  one  copy  to  each  Executive,  one  copy  to  each 
branch  of  every  State  and  Territorial  Legislature,  one  copy 
to  each  university  and  college  of  each  State,  and  one  copy 
to  the  historical  society  incorporated  in  each  State.  It  is 
required  that  fifty  copies  of  the  documents  ordered  by 
Congress  to  be  printed  shall  be  used  for  exchange  with 
foreign  countries,  and  that  the  residue  shall  be  deposited 
in  the  "Library  of  the  United  States,"  subject  to  future 
disposition  by  Congress.  Such  legations  or  consulates  of 
the  United  States  may  be  supplied  as  may  be  designated 
by  the  Secretary  of  State  by  an  order  recorded  in  the  State 
Department  showing  the  particular  documents  suitable  for 
and  required  by  such  legations  and  consulates.  (R.  S.,  §§ 
503,  504.) 

1113.  Any  sets  of  documents  or  odd  volumes  not  nec- 
essary to  supply  deficiencies,  either  in  the  executive  depart- 
ments or  in  State  or  Territorial  libraries,  may  be  distributed 
by  the  Secretary  of  the  Interior,  as  equally  as  practicable, 
to  the  several  Senators,  Representatives,  and  Delegates  in 
Congress,  for  distribution  to  public  libraries  and  other  lit- 
erary institutions  in  their  respective  districts.    (R.  S.,  §  505.) 

1114.  Under  his  direction,  it  is  required  that  there 
shall  be  compiled  and  printed,  as  soon  as  practicable  after 
the  last  day  of  September  in  each  year  in  which  a  new 
Congress  is  to  assemble,  a  Register,  of  which  fifteen  hun- 
dred copies  shall  be  published,  containing — 

1.  Correct  lists  of  b1\  officers,  clerks,  employees,  arid 
agents — civil,  military,  and  naval — in  the  service  of  the 
United  States,  including  cadets  and  midshipmen,  exhibit- 
ing the  amount  of  compensation,  pay,  and  emoluments 
allowed  to  each ;  the  State  or  county  in  which  he  was 
born ;  the  State  or  Territory  from  which  he  was  appointed, 

and  the  place  of  employment. 
26 


402  THE  EXECUTIVE  DEPARTMENTS, 

2.  A  list  of  the  names,  force,  and  condition  of  all  the 
ships  and  vessels  belonging  to  the  United  States,  stating 
when  and  where  the  same  were  built. 

3.  Lists  of  all  printers  of  United  States  laws,  and  of  all 
printers  employed  by  Congress,  by  any  department,  or  by 
any  officer  during  the  two  years  preceding  the  last  day  of 
September,  up  to  which  said  list  is  required  to  be  made, 
with  a  statement  of  the  compensation  allowed  each  and  of 
the  department  or  officer  causing  the  printing  to  be  exe- 
cuted. 

4.  A  statement  of  allowances  made  by  the  Postmaster- 
General  within  the  same  period  to  contractors  for  carrying 
the  mails,  discriminating  between  the  sum  paid  as  stipu- 
lated in  the  contract  and  the  sum  paid  as  additional  allow- 
ance. 

111^.  On  the  first  Monday  in  January  in  each  year  in 
which  a  new  Congress  convenes  the  statutes  require  the 
delivery  of  one  copy  of  said  Biennial  Register  to  the  Presi- 
dent, the  Vice-President,  each  head  of  department,  and 
each  Senator  and  Representative ;  to  the  Secretary  of  the 
Senate  and  Clerk  of  the  House  ten  copies  each,  for  the 
use  of  the  respective  Houses  ;  to  the  Library  of  Congress 
twenty-five  copies,  and  to  the  Secretary  of  State  of  each 
State  one  copy.  The  residue  are  to  be  disposed  of  as 
Congress  shall  direct  (R.  S.,  §  511 ;  act  January  23,  1874, 
Stats.  18,  p.  5.) 

IIIH,  The  Secretary  of  the  Interior  is  empowered  to 
appoint  a  Superintendent  of  Public  Documents  in  his  de- 
partment, at  a  salary  of  twenty-five  hundred  dollars  per 
annum.     (R.  S.,  §  507.) 

1117.  He  is  requu-ed  to  provide  from  time  to  tiipe  a 
proper  apartment,  to  be  called  the  Returns  Office,  in  which 
he  shall  cause  to  be  filed  the  returns  of  contracts  made  by 
the  Secretary  of  "War  and  the  Secretary  of  the  Navy,  and 


THE   SECRETARY   OF   THE   INTERIOR.  403 

to  appoint  a  clerk  of  the  first  class  to  attend  the  same. 
(K.  S.,  §  512.) 

1118.  It  is  his  duty  to  prevent  the  improper  appropria- 
tion and  occupation  of  any  of  the  public  streets,  avenues, 
squares,  or  reservations  in  the  city  of  Washington  belong- 
ing to  the  United  States,  and  to  reclaim  the  same  if  unlaw- 
fully appropriated  ;  particularly  to  prevent  the  erection  of 
any  permanent  building  on  any  property  reserved  for  the 
use  of  the  United  States  unless  plainly  authorized  by  Con- 
gress, and  to  report  to  Congress  at  the  commencement  of 
each  session  his  proceedings  in  the  premises,  together  with 
a  full  statement  of  all  such  property  and  how  and  by  what 
authority  the  same  is  occupied  or  claimed.    (R.  S.,  §  1818.) 

1119.  It  is  Ms  duty  to  see  that  each  Indian  agent,  be- 
fore entering  on  the  duties  of  his  office,  shall  give  bond 
sufficient  for  the  faithful  performance  of  his  duties,  and  to 
prescribe,  in  connection  with  the  President  and  the  Com- 
missioner or  Superintendent  of  Indian  Affairs,,  regulations 
and  rules  for  the  government  of  such  agents  in  the  super- 
intendence of  intercourse  with  the  Indians.  (R.  S.,  §§  2057, 
2058.) 

11^0.  He  is  required  to  establish  the  limits  of  each 
Indian  superintendency,  agency,  and  sub-agency,  either  by- 
tribes  or  geographical  boundaries,  and  to  commission  all 
special  agents  and  commissioners  not  appointed  by  the 
President.     (R.  S.,  §§  2067,  2068.) 

1131.  He  is  required,  under  the  direction  of  the  Presir 
dent,  to  cause  the  discontinuance  of  the  services  of  such 
sub-agents,  interpreters,  and  mechanics  as  may  from  time 
to  time  become  unnecessary  in  consequence  of  the  immi- 
gration of  the  Indians  or  other  causes.     (R.  S.,  §  2073.) 

1133.  Under  his  direction,  all  merchandise  required  by 
any  Indian  treaty  for  the  Indians  must  be  pm-chased  upon 
proposals  to  be  received  and  based  on  notices  previously 


404  THE  EXECUTIVE   DEPARTMENTS. 

* 

given.  The  payment  of  moneys  and  the  distribution  of  all 
goods  stipulated  to  be  furnished  to  any  Indian  or  tribe  of 
Indians  must  be  made  in  one  or  the  other  of  the  modes 
prescribed  by  statute,  as  the  President  or  the  Secretary 
of  the  Interior  may  du-ect.     (E.  S.,  §  2086.) 

1193.  The  Secretary  of  the  Interior  is  required  to  make 
regulations  for  the  disbursement,  in  the  presence  of  local 
agents  and  interpreters,  who  shall  witness  the  same,  of 
moneys,  whether  for  annuities  or  in  fulfillment  of  other 
treaty  stipulations  with  individual  Indians  or  Indian  tribes. 
(R.  S.,  §  2089.) 

1194:.  He  is  required  to  invest  in  the  safest  and  the 
most  beneficial  manner,  according  to  his  judgment,  and  at 
an,  interest  not  lower  than  five  per  centum  per  annum,  all 
moneys  that  may  be  received  under  treaties  containing 
stipulations  for  the  payment  to  the  Indians  annually,  of 
interest  upon  the  proceeds  of  the  lands  ceded  by  them. 
(K.  S.,  §  2096.) 

119^.  He  is  required  to  withhold  from  any  tribe  of 
Indians  who  may  hold  American  captives  any  moneys  due 
from  the  United  States  until  such  captives  shall  have  been 
siurendered  to  lawful  authority.  (R.  S.,  §  2102  ;  act  March 
3,  1875,  Stats.  18,  p.  420.) 

1196.  It  is  made  his  duty  to  determine,  in  certain  cases 
involving  an  agreement  or  contract  with  individual  Indians 
or  an  Indian  tribe,  whether,  from  the  statement  of  all  the 
facts  in  detail,  sworn  to  and  previously  filed  with  the  Com- 
missioner of  Indian  Affairs,  such  contract  or  agreement 
has  been  complied  with,  before  payment  can  be  made  for 
services  under  the  same.     (R.  S.,  §  2104.) 

1197.  He  has  power  to  sustain,  set  aside,  or  modify  the 
suction  of  the  executive  committee  of  the  Board  of  Indian 
Commissioners  approving  or  disapproving  accounts  of  con- 
tractors for  Indian  supplies,  &c.,  and  to  cause  payment  to 


THE   SECRETAEY   OF   THE   INTERIOB.  405 

be  made  or  withheld,  as  he  may  determine  from  a  consid- 
eration of  the  accounts  and  vouchers  forwarded  to  him  by 
that  board,  as  directed  by  law,  with  a  statement  of  its  rea- 
sons for  approval  or  disapproval.     (K.  S.,  §  21*07.)  % 

1128.  It  is  his  duty  to  cause  settlements  to  be  made 
with  all  persons  appointed  by  Indian  councils  to  receive 
moneys  due  to  incompetent  or  orphan  Indians,  and  to  re- 
quire all  moneys  found  due  to  such  persons  to  be  returned 
to  the  Treasury,  subject  to  be  paid  by  his  order  to  those 
entitled  thereto,  with  interest  at  six  per  centum  per  annum. 
(K.  S.,  §  2108.) 

1129.  Upon  his  approval,  the  amount  directed  by  law 
to  be  withheld  from  the  annuity  of  any  tribe  or  band  of 
Indians  because  of  individual  trespass  on  the  part  of  a 
member  of  such  tribe  or  band  who  has  not  received  allot- 
ment of  land,  upon  the  lands  of  another  Indian  who  has 
received  allotment  of  lands,  may  be  paid  over  to  the  party 
so  injured.     (R.  S.,  §  2120.) 

1130.  The  Secretary  of  the  Interior  is  authorized  to 
cause  all  buildings  belonging  to  the  United  States,  erected 
for  the  use  of  its  agents,  teachers,  farmers,  mechanics,  and 
other  persons  employed  among  the  Indians,  to  be  sold, 
whenever  the  lands  on  which  the  same  are  erected  have 
become  the  property  of  the  United  States  and  are  no  longer 
necessary  for  such  purposes.  He  is  authorized  to  sell  with 
each  of  such  buildings  a  quantity  of  land  not  exceeding 
one  section ;  also,  on  receipt  of  the  purchase-money  in  the 
Treasury  of  the  United  States,  to  execute  and  deliver  to 
the  purchaser  a  title  in  fee-simple  for  such  lands  and  tene- 
ments.    (R.  S.,  §§  2122,  2123.) 

1131.  He  is  required  to  exclude  from  the  district  or 
country  occupied  by  uncivilized  or  hostile  Indians  any 
trader,  his  agent  or  other  person  acting  for  him,  who  shall 
sell  arms  or  ammunition  at  his  trading  post  or  other  place 


406  THE  EXECUTIVE   DEPARTMENTS. 

within  that   district   or   country  so   occupied.     (11.  S.,  § 
2136.) 

1139.  In  order  to  protect  the  Indians  from  fraud  or 
^exorbitant  and  unreasonable  demands,  it  is  made  his  duty/ 
in  connection  with  the  Commissioner  of  Indian  Affairs,  to 
cause  an  examination  to  be  made  into  contracts  entered 
into  by  any  person  or  corporation  with  tribes  of  Indians  or 
individual  Indians  prior  to  May  21,  1872,  which  examina- 
tion is  made  by  law  a  condition  precedent  to  the  recogni- 
tion or  enforcement  of  such  contracts.  (Act  April  29, 1874, 
Stats.  18,  p.  36.) 

IS  S3.  He  is  authorized  to  except  by  his  written  order 
any  particular  Indian  tribe  from  the  operation  of  the  pro- 
vision of  law  requiring  able-bodied  male  Indians  between 
the  ages  of  eighteen  and  forty-five  to  perform  labor  or  ser- 
vice upon  the  reservations  for  the  benefit  of  themselves  or 
of  the  particular  tribe  to  which  they  belong.  (Act  June  22, 
1874,  Stats.  18,  p.  176.) 

1134:.  He  is  required  to  prescribe  rules  to  enable  In- 
dians entitled  to  the  benefit  of  the  homestead  laws  to  make 
proof  tending  to  establish  the  required  abandonment  of 
their  tribal  relations.  (Act  March  3,  1874,  Stats.  18,  p. 
420.) 

113^.  It  is  his  duty  to  cause  to  be  prepared  and  deliv- 
ered to  the  Public  Printer,  on  or  before  the  first  day  of 
November  in  each  year,  a  tabular  statement  of  the  items 
paid  out  up  to  that  date  from  the  appropriations  made  for 
the  Indian  Department  for  the  fiscal  year  previously  end- 
ing, each  item  to  be  placed  under  the  appropriation  from 
which  it  was  paid,  in  such  manner  as  to  show  the  disposi- 
tion made  of  each  appropriation  and  the  amount  unex- 
pended of  each ;  also  an  itemized  statement  of  the  salaries 
and  incidental  expenses  paid  at  each  agency  for  that  year, 
the  appropriations  out  of  which  paid,  and  the  number  of 


THE  SECRETARY  OF  THE  INTERIOR.  407 

Indians  at  each  agency.  These  reports  are  required  to  be 
laid  before  Congress  on  the  first  day  of  the  succeeding  ses- 
sion.    (Act  March  3,  1875,  Stats.  18,  p.  450.) 

The  Census. 

1136.  The  act  providing  for  the  taking  of  the  tenth 
census  makes  it  the  duty  of  the  Secretary  of  the  Interior, 
on  or  before  the  1st  of  March,  1880,  to  designate  the  num- 
ber of  supervisors  of  the  census  to  be  appointed  in  each 
State  and  Territory,  not  to  exceed  one  hundred  and  fifty  ; 
and  that  ict  likewise  devolves  upon  him  a  general  super- 
vision over  the  adoption  of  the  forms  and  schedules  to  be 
used  and  of  the  returns  and  compilations  to  be  made. 

The  details  of  the  work  are  to  be  performed  under  the 
immediate  charge  of  a  Superintendent  of  the  Census,  who 
is  to  be  at  the  head  of  an  office  or  bureau  in  the  Interior 
Deprrtment  called  the  "  Census  Office."  This  office,  which 
is  to  have  a  Chief  Clerk  and  subordinate  clerks  of  different 
clases,  has  not  been  established  yet,  for  the  work,  doubt- 
les»,  will  not  commence  actively  until  some  time  towards 
thi  close  of  the  present  year. 

The  Public  Lands. 

1137.  The  Secretary  of  the  Interior  is  required  to  take 
ill  necessary  measures  to  complete  the  surveys  of  the  public 
lands  in  the  several  surveying  districts,  for  which  surveyors- 
general  have  been  or  may  be  appointed,  at  the  earliest 
period  compatible  with  the  purposes  contemplated  by  law. 
(R.  S.,  §  2218.) 

1138o  He  is  required,  whenever  the  quantity  of  public 
land  remaining  unsold  in  any  land  district  is  reduced  to  a 
number  of  acres  less  than  one  hundred  thousand,  to  discon- 
tinue the  land  office  of  such  district,  and  thereupon  to  give 
notice  of  the  land  office  most  conveniei^  to  that  district  at 


408  THE  EXECUTIVE   DEPARTMENTS. 

which  any  unsold  lands  may  be  offered  for  sale.  He  may, 
however,  continue  any  such  land  district  in  which  is  situ- 
ated the  seat  of  government  of  any  one  of  the  States,  not- 
withstanding that  the  quantity  of  land  unsold  may  not 
amount  to  one  hundred  thousand  acres.  (K.  S.,  §§  2248, 
2249.) 

1139.  He  is  empowered  to  make  a  reasonable  allow- 
ance for  office  rent  in  each  consolidated  land  office,  and  to 
approve  the  employment  by  the  register  of  the  required 
clerks  to  keep  up  the  current  business.     (R.  S.,  §2255.) 

1140.  It  is  his  duty  to  prescribe  rules  for  the  establish- 
ment of  proof  of  settlement  upon  and  improvement  of 
lands  subject  to  pre-emption.     (R.  S.,  §  2263.)       \ 

114:1.  He  is  required  to  take  jurisdiction  in  casi  of  final 
appeal  from  the  decisions  of  the  Commissioner  of  tte  Gen- 
eral Land  Office  and  the  register  and  receiver  of  the  par- 
ticular land  district,  as  between  different  persons  claining 
the  right  of  pre-emption.  (R.  S.,  §  2273  ;  see  Johnsoi  v. 
Towsley,  13  Wall.,  p.  72.) 

1143.  The  Secretary  of  the  Interior  may  set  apartas 
subject  to  pre-emption  such  portions  of  lands  reserv\d 
from  survey  and  sale  as  mineral  lands,  when  the  same  ha^e 
been  settled  upon  for  homesteads,  and  have  been  improve^ 
and  used  for  agricultural  purposes,  and  contain  no  valuabh 
mines,  and  are  clearly  agricultural  lands.     (R.  S.,  §  2342.)\ 

1143.  Upon  proof  being  made  to  his  satisfaction  that 
any  tract  has  been  erroneously  sold  by  the  United  States, 
so  that  from  any  cause  the  sale  cannot  be  confirmed,  he  is 
authorized  to  repay  to  the  purchaser,  or  to  his  legal  repre- 
sentatives or  assigns,  the  sum  of  money  which  was  paid 
therefor,  out  of  any  money  in  the  Treasury  unappropriated. 
(R.  S.,  §  2362.) 

1144.  In  every  case  of  the  entry  by  a  purchaser  of  a 
tract  of  land  diffe^nt  from  the  one  he  intended  to  pur- 


THE   SECRETARY   OF   THE   INTERIOR.  409 

chase,  who,  desiring  to  correct  the  error,  makes  satisfactory 
proof  of  such  error  to  the  register  in  the  form  specified  in 
the  law,  the  Secretary  of  the  Interior  is  authorized  to  direct 
the  withdrawal  of  the  entry  so  erroneously  made,  and  the 
moneys  paid  to  be  applied  to  the  purchase  of  other  lands 
in  the  same  district,  or  to  be  credited  in  the  payment  for 
other  lands  which  have  been  purchased  at  the  same  office. 
Where  patents  have  issued  which  are  required  to  be  sur- 
rendered, the  Secretary  is  required  to  prescribe  the  form 
of  relinquishment  of  title  to  be  executed  by  the  party  to 
be  benefited.     (R.  S.,  §§  2369,  2370,  2371.) 

114^.  Under  the  special  direction  of  the  President,  it 
is  the  duty  of  the  Secretary  of  the  Interior  to  cause  any 
town  sites  on  the  shores  of  harbors,  at  the  junction  of  riv- 
ers, on  important  portages,  or  at  natural  or  prospective 
centers  of  population,  which  may  be  reserved  from  public 
sale  according  to  law,  to  be  surveyed  into  urban  or  subur- 
ban lots  of  suitable  size,  to  fix  by  appraisement  of  disinter- 
ested persons  their  cash  value,  and  to  offer  the  same  for  sale 
at  public  outcry  to  the  highest  bidder.  It  is  made  his  duty 
also  to  prescribe  rules  for  the  disposal  at  private  entry  of  such 
lands  held  subject  thereafter  to  private  sale.    (R.  S.,  §  2381.) 

1146.  If  within  twelve  months  from  the  establishment 
of  a  city  or  town  on  the  public  domain  the  parties  inter- 
ested* refuse  or  fail  to  file  in  the  General  Land  Office  a 
transcript  map,  with  the  statement  and  testimony  called 
for  as  provided  by  law,  the  Secretary  of  the  Interior  may 
cause  a  survey  and  plat  to  be  made  of  such  city  or  town. 
Lots  in  such  cities  or  towns  which  may  not  have  been  dis- 
posed of  at  public  sale  may  be  sold  at  private  sale  at  a 
minimum,  or  at  such  a  reasonable  increase  or  diminution 
as  the  Secretary  may  order  from  time  to  time,  after  three 
months'  notice,  in  view  of  the  increase  or  decrease  in  the 
value  of  the  municipal  property.     (R.  S.,  §§  2382,  2384.) 


410  THE   EXECUTIVE  DEPARTMENTS. 

# 

1147.  He  is  authorized  to  make  regulations  governing 
the  mode  of  surveying  and  subdividing  the  public  lands  in 
Nevada,  Oregon,  and  California.     (R.  S.,  §§  2408-2411.) 

114:8,  He  is  required,  upon  the  location  of  a  bounty 
land  warrant  by  the  Commissioner  of  the  General  Land 
Office,  to  cause  a  patent  to  be  transmitted  to  the  warrantee 
or  holder.     (R.  S.,  §  2437.) 

1149.  He  is  required,  whenever  it  appears  that  a  bounty 
certificate  or  warrant  or  any  agricultural-college  land  scrip 
has  been  lost  or  destroyed,  to  cause  a  new  certificate  or 
warrant  of  like  tenor  to  be  issued  in  lieu  thereof,  and  to 
prescribe  regulations  for  giving  effect  to  the  law  in  this 
regard  calculated  to  protect  the  Government  against  im- 
position and  fraud  by  persons  claiming  the  benefit  thereof. 
(R.  S.,  §§  2441,  2442 ;  Stats.  18,  p.  111.) 

lloO.  The  Secretary  of  the  Interior,  conjointly  with 
the  Attorney-General  and  the  Commissioner  of  the  General 
Land  Office,  is  directed  to  establish  regulations,  consistent 
with  principles  of  equity  and  justice,  under  which  the  Com- 
missioner may  decide  all  cases  of  suspended  entries  of 
public  lands  and  of  suspended  pre-emption  land  claims, 
and  adjudge  in  what  cases  patents  shall  issue  upon  the 
same.     (R.  S.,  §  2450  ;  act  February  27,  1877.) 

He  and  the  Attorney  -  General  are  required  to  act  as  a 
board  for  the  approval  of  every  such  adjudication  of  the 
Commissioner.     (R.  S.,  §  2451 ;  act  February  27,  1877.) 

Ili0»l.  Under  his  exclusive  control  is  placed  by  law  the 
tract  of  land  designated  in  section  2475  of  the  Revised 
Statutes  as  a  public  park,  situated  at  the  head-waters  of  the 
Yellowstone  River.  He  is  required  to  make  and  publish 
regulations,  deemed  necessary  or  proper  for  its  care  and 
management,  for  the  preservation  from  injury  or  spolia- 
tion of  all  timber,  mineral  deposits,  natural  curiosities,  or 
wonders  within  the  same.     He  may  in  his  discretion  grant 


THE   SECRETABY   OF   THE   INTERIOR.  411 

leases  for  building  purposes,  for  terms  not  exceeding  ten 
years,  of  small  parcels  of  ground  at  such  places  in  the  park 
as  may  require  the  erection  of  buildings  for  the  accommo- 
dation of  visitors ;  all  of  the  proceeds  of  such  leases  and 
other  revenues  to  be  expended,  under  his  direction,  in  the 
management  of  such  park  and  the  construction  of  roads 
and  bridle-paths  therein.  He  is  required  to  provide  against 
the  wanton  destruction  of  the  fish  and  game  within  the 
same,  and  against  their  capture  or  destruction  for  the  pur- 
pose of  merchandise  or  profit ;  also  to  cause  all  persons 
trespassing  upon  the  park  to  be  removed  therefrom,  and 
generally  to  take  all  proper  measures  to  effectually  protect 
the  same.     (R.  S.,  §  2475.) 

110^.  He  is  required  to  make  rules  and  regulations 
for  carrying  into  effect  the  act  of  Congress  for  the  relief 
of  actual  settlers  on  lands  claimed  to  be  swamp  and  over- 
flowed lands  of  the  State  of  Missouri.  (Act  February  23, 
1875,  Stats.  18,  p.  334.) 

Public  Buildings,  Contracts,  and  Printing. 

11^3.  It  is  provided  that  before  any  new  building  for 
the  use  of  the  United  States  shall  be  commenced  the  plans 
and  full  estimates  thereof  shall  be  prepared  and  approved 
by  the  Secretary  of  the  Interior,  acting  with  the  Secretary 
of  the  Treasury  and  the  Postmaster  -  General,  and  that  the 
cost  of  such  building  shall  be  limited  to  the  amount  of  the 
estimates  so  made.     (R.  S.,  §  3734.) 

11^4.  He  is  required  to  furnish  every  ofiicer  empow- 
ered to  make  contracts  on  behalf  of  the  Grovernment  with 
a  printed  letter  of  instructions  setting  forth  the  duties  of 
such  officers  with  regard  to  their  returns  of  such  contracts ; 
also  to  furnish  therewith  forms,  printed  in  blank,  of  con- 
tracts to  be  made  and  of  the  affidavit  of  returns  required 
to  be  affixed  thereto.    (R.  S.,  §  3747.) 


I 

412  THE   EXECUTIVE  DEPARTMENTS. 

f 

11^^.  No  contract  for  furnishing  paper  for  the  public 
printing  shall  be  valid  until  it  has  been  approved  by  the 
Joint  Committee  of  Congress,  if  made  under  its  direction, 
or  by  the  Secretary  of  the  Interior,  if  made  under  his  direc- 
tion according  to  the  provisions  of  section  3775  of  the 
Revised  Statutes.     (R.  S.,  §  3772.) 

lloO.  During  the  recess  of  Congress  he  may  authorize 
the  Congressional  Printer  to  make  purchases  of  paper  in 
open  market,  whenever  he  may  deem  the  quantity  required 
so  small  or  the  want  so  immediate  as  not  to  justify  adver- 
tisements for  proposals.     (R.  S.,  §  3778.) 

Pensions. 

11^7.  The  Secretary  of  the  Interior  is  required  to 
place  on  the  pension  rolls,  under  like  regulations  and 
restrictions  as  are  used  in  relation  to  the  navy,  any  officer, 
seaman,  or  marine  who,  on  board  of  any  private  armed 
vessel  bearing  a  comnilssion  or  letter  of  marque,  shall  have 
been  wounded  or  otherwise  disabled  in  any  engagement 
with  the  enemy  or  in  the  line  of  duty.     (R.  S.,  §  4761.) 

1158.  It  is  provided  that  he  shall  cause  suitable 
blanks,  for  vouchers  required  by  law  to  be  taken  by  agents 
for  paying  pensions,  to  be  printed  and  distributed  to  such 
agents,  upon  which  vouchers  he  shall  cause  a  note  to  be 
printed,  informing  pensioners  of  the  fact  that  no  pension 
will  be  paid  except  upon  the  vouchers  so  issued.  (R.  S.,  § 
4767.) 

llfiO.  He  is  authorized  to  appoint  a  duly  -  qualified 
surgeon  as  medical  referee,  who,  under  the  control  and 
direction  of  the  Commissioner  of  Pensions,  is  to  have 
charge  of  the  examination  and  revision  of  the  reports  of  ex- 
amining surgeons,  and  to  perform  such  other  duties  touch- 
ing medical  and  surgical  questions  in  the  Pension  Office  as 
the  interests  of  the  service  may  demand.     The  Secretary 


THE   SECRETARY   OF   THE   INTERIOR.  413 

is  also  authorized  to  appoint  such  qualified  surgeons,  not 
exceeding  four  in  number,  as  may  be  required,  who  may- 
perform  the  duties  of  examining  surgeons  when  necessary, 
and  who  are  to  be  borne  upon  the  rolls  as  clerks  of  the 
fourth  class.     (R.  S.,  §  4776.) 

1100.  All  pension  agents  are  required  to  give  bond, 
with  good  and  sufficient  sureties,  for  such  amount  and  in 
such  form  as  he  may  approve.     (R.  S.,  §  4779.) 

The  Government  Hospital  fob  the  Insane. 

1101.  The  Secretary  of  the  Interior  is  authorized  to 
appoint  the  Superintendent  of  the  Grovernment  Hospital 
for  the  Insane  in  the  District  of  Columbia,  who  must  be  a 
well-educated  physician,  possessing  competent  experience 
in  the  care  and  treatment  of  the  insane,  and  to  require  of 
him  a  good  and  sufficient  bond  for  the  faithful  perform- 
ance of  his  duties.     (R.  S.,  §  4839.) 

IIOS.  The  Secretary  may  grant  an  order  for  the  ad- 
mission into  this  hospital  of  any  insane  person  not  charged 
with  a  breach  of  the  peace,  who  is  a  resident  of  the  Dis- 
trict of  Columbia,  when  he  shall  receive  an  application  in 
writing  from  a  member  of  the  Board  of  Visitors  and  the 
certificate  that  two  respectable  physicians  of  said  District 
appeared  before  a  judge  of  the  Supreme  Court  of  that 
District  or  a  justice  of  the  peace  therein  and  deposed  that 
they  know  the  person  alleged  to  be  insane,  that  from  per- 
sonal examination  they  believe  such  person  to  be  in  fact 
insane  and  a  fit  subject  for  treatment  in  the  said  hospital, 
and  that  said  person  was  a  resident  of  the  District  when 
seized  with  the  mental  disorder  under  which  he  or  she  then 
labored ;  also  on  receiving  a  certificate  that  two  respectable 
householders,  residents  of  the  District,  likewise  deposed 
that  they  were  acquainted  with  the  said  person  alleged  to 
be  insane,  and  that  from  a  personal  examination  of  his  or 


414  THE   EXECUTIVE   DEPARTMENTS. 

her  affairs  they  believed  said  person  to  be  unable,  under 
the  visitation  of  insanity,  to  support  himself  or  herself  and 
family,  or  himself  or  herself  alone,  and  unable  to  pay  his 
or  her  board  and  other  expenses  at  the  hospital.  (R.  S.,  §§ 
4845,  4846.) 

1163.  He  may  also  order  the  confinement  in  said  hos- 
pital of  any  person  •  charged  with  crime  whom  the  court 
may  certify  to  have  been  found  insane.     (R.  S.,  §  4851.) 

11©4,  Whenever  the  Secretary  of  the  Interior  is  sat- 
isfied, upon  evidence  produced  by  the  president  of  the 
Columbia  Institution  for  the  Instruction  of  the  Deaf  and 
Dumb,  that  any  deaf  and  dumb  person  of  teachable  age, 
properly  belonging  to  the  District  of  Columbia,  is  in  indi- 
gent circumstances,  it  is  his  duty  to  authorize  such  person 
to  enter  the  institution  for  instruction ;  or  when  he  may  be 
so  satisfied  that  any  blind  person  of  teachable  age  is  indi- 
gent he  may  cause  such  person  to  be  instructed  in  some 
institution  for  the  education  of  the  blind  in  Maryland,  or 
some  other  State,  at  a  cost  not  greater  for  each  pupil  than 
is  paid  by  such  State,  and  he  may  cause  such  expense  to 
be  paid  out  of  the  Treasury  of  the  United  States.  ( K.  S., 
§§  4864,  4869.) 

The  Freedmen's  Hospital. 

By  act  of  June  23,  1874,  (Stats.  18,  p.  223,)  the  Freed- 
men's Hospital  of  the  District  of  Columbia  is  placed  under 
his  direction,  and  he  is  required  to  make  all  estimates  for 
appropriations  and  pass  upon  all  accounts  therefor.  The 
act  also  makes  him  accountable  to  the  Treasurer  of  the 
United  States  for  all  expenditures. 

Patents. 

1165.  The  Secretary  of  the  Interior  is  required  to  sign 
all  patents  tb  inventors,  which  shall  be  issued  in  the  name 


OFFICE  OF  THE  SECRETARY  OF  THE  INTERIOR.   415 

of  the  United  States  under  the  seal  of  the  Patent  Office, 
countersigned  by  the  Commissioner  of  Patents.     (R.  S.,  § 

4883.) 

The  Office  of  the  Secretary  op  the  Interior. 

1166.  This  office  has  been  organized,  to  some  extent, 
after  the  manner  of  the  office  of  the  Secretary  of  the  Treas- 
ury.    It  comprises  the  following-named  divisions  : 

1.  Appointment. 

2.  Disbursements. 

3.  Indian  Affairs. 

•    4.  Lands  and  Railroads. 

5.  Pensions  and  Miscellaneous. 

6.  Public  Documents. 

7.  Returns  Office. 

1167.  There  is  also  a  division  in  charge  of  the  Assistant 
Attorney-General. 

This  officer  is  connected  with  the  Department  of  Justice, 
but  is  assigned  by  the  Attorn ey-G-eneral  to  the  Department 
of  the  Interior  as  the  Law  Officer  or  Solicitor  of  that  depart- 
ment. 

His  duties,  as  designated  by  the  head  of  that  department, 
embrace  the  consideration  of  all  cases  coming  up  on  appeal 
to  the  Secretary  of  the  Interior  from  the  decisions  of  the 
Commissioner  of  the  Greneral  Land  Office ;  also  the  con- 
sideration of  questions  of  law  submitted  by  the  Commis- 
sioners of  the  General  Land  Office,  Pensions,  Indian 
Affairs,  and  Education ;  also  of  questions  affecting  the 
supervisory  control  of  the  Secretary  of  the  Interior  over 
the  Commissioner  of  Patents. 

It  is  made  the  duty  of  the  Assistant  Attorney-General 
before  named  also  to  investigate  charges  preferred  against 
officials  under  the  control  of  the  Department  of  the  Inte- 
rior, and  to  consider  all  questions  of  law  submitted  to  him 


416        THE  EXECUTIVE  DEPARTMENTS. 

in  relation  to  the  discharge  by  the  Secretary  of  the  Interior 
of  his  official  duties. 

1168.  The  divisions  into  which  the  office  of  the  Secre- 
tary of  the  Interior  has  been  organized  are  not  provided 
for  by  law,  but  are  founded  upon  a  wise  arrangement  for 
the  more  systematic  transaction  of  business.  The  heads 
of  the  several  divisions  are  designated  by  the  Secretary 
from  clerks  of  the  fourth  class,  their  compensation  being 
increased  by  authority  of  law,  which  provides  that  the  Sec- 
retary may  in  his  discretion  pay  two  hundred  dollars  addi- 
tional per  annum  to  eight  clerks  of  that  class. 

I.  The  Appointment  Division. 

.1169.  This  division  has  charge  of  all  matters  connected 
with  the  appointment,  removal,  resignation,  and  charges  of 
official  misconduct  of  officers,  clerks,  and  employees  of  the 
Interior  Department,  whether  employed  in  Washington  or 
elsewhere.  It  has  charge  also  of  all  applications  for  office, 
which  are  registered  and  placed  on  file,  ready  for  reference 
when  required ;  also  of  all  records  of  appointments,  &c., 
and  of  all  correspondence  relating  to  these  subjects.  It 
has  also  charge  of  the  business  and  correspondence  per- 
taining to  leaves  of  absence  of  officers  and  employees,  and 
of  the  official  bonds  required  by  law  to  be  executed  by 
appointees  to  office  in  this  department. 

II.  The  Division  of  Disbursements. 

1170.  This  division  is  under  charge  of  the  Disbursing 
Clerk  of  the  department.  He  is  required  to  give  a  bond 
to  secure  faithful  accountability  for  all  moneys  placed  in 
his  hands.  The  duty  devolves  upon  him  of  disbursing 
for  the  following  objects  of  appropriation.  In  this  he  is 
assisted  by  the  clerks  forming  the  division :  For  salaries  of 
the  Secretary,  officers  and  employees,  and  for  the  contin- 


OFFICE   OF  THE   SECRETARY  OP   THE  INTERIOR.      417 

gent  expenses  of  the  department ;  for  annual  repairs  of  the 
United  States  Capitol  and  the  improvement  of  the  Capital 
grounds ;  for  lighting  the  Capitol  and  grounds ;  and  for 
the  expenses  of  the  Freedmen's  Hospital  and  the  Smith- 
sonian Institution. 

1171.  Besides  the  disbursement  of  the  appropriations 
made  for  this  department,  this  division  prepares  for  the 
signature  of  the  Secretary  of  the  Interior  all  requisitions 
upon  the  Secretary  of  the  Treasury  for  moneys  to  pay  army 
and  navy  pensions ;  to  support  and  maintain  the  various 
tribes  of  Indians  in  the  United  States  ;  to  pay  Indian  agents, 
surveyors-general,  registers  and  receivers  of  the  public 
lands  and  the  contingent  expenses  of  their  offices  ;  and  to 
pay  for  the  surveying  of  the  public  lands.  It  also  prepares 
the  requisitions  on  account  of  the  Grovernment  Hospital  for 
the  Insane,  of  the  Columbia  Hospital  for  Women,  Children's 
Hospital,  Soldiers  and  Sailors'  National  Orphans'  Home, 
and  the  Columbia  Institution  for  the  Deaf  and  Dumb,  all 
beneficiaries  of  the  United  States  located  in  Washington. 

117^.  This  division  also  prepares  the  estimates  of  ap- 
propriations required  to  be  made  by  Congress  annually  for 
the  several  bureaus  of  the  department,  for  the  payment  of 
army  and  navy  pensions,  and  for  the  purchase  of  Indian 
supplies. 

in.  The  Division  of  Indian  Affairs. 

1173.  This  division  is  charged  with  the  examination  of 
applications  made  by  Indian  agents  for  permission  to  pur- 
chase supplies  for  Indians,  the  examination  of  contracts 
entered  into  for  supplies,  transportation,  &c.,  and  the  ex- 
amination of  deeds  made  to  the  Indians  for  lands.  It  also 
examines  into  claims  made  on  account  of  depredations 
committed  by  the  Indians.  It  attends  to  the  appointment 
of  Indian  commissions  and  boards  of  appraisement. 
27     . 


418  THE  EXECUTIVE  DEPARTMENTS. 

1174:*  In  this  division,  also,  an  administrative  examina- 
tion is  made  of  accounts  of  Indian  agents  and  others  for 
supplies  furnished  the  Indians.  These  accounts  are  first 
received  by  the  Board  of  Indian  Commissioners  and  sub- 
mitted to  the  executive  committee  thereof  for  examination, 
revisal,  and  approval.  They  are  then  forwarded  by  the 
board,  with  a  statement  of  the  reasons  for  approval  or  dis- 
approval, to  the  Secretary  of  the  Interior.  The  action  of 
the  latter,  as  regards  his  approval  or  disapproval  of  the 
action  of  the  Board  of  Commissioners,  is  founded  upon  the 
examination  made  in  this  division  of  his  office.  These 
accounts  are  then  referred  to  the  Second  Auditor  of  the 
Treasury  for  adjustment,  and  are  finally  examined  in  the 
office  of  the  Second  Comptroller. 

117«5.  This  division  is  also  charged  with  the  examination 
of  the  accounts  of  Indian  trust  funds,  and  of  the  interest 
on  investme'nts  of  the  proceeds  of  lands  ceded  by  the  In- 
dians under  treaty  stipulations. 

1176.  It  has  charge  of  all  correspondence  relating  to 
Indian  affairs,  excepting  that  relating  to  charges  against 
officers  in  the  Indian  service. 

IV.  The  Division  of  Lands  and  Kailroads. 

1177.  This  division  has  charge  of  all  correspondence 
of  the  Secretary's  office  relating  to  public  lands  and  land- 
grant  railroads.  It  keeps  the  docket  of  cases  appealed  to 
the  Secretary  of  the  Interior  from  the  decisions  of  the 
General  Land  Office,  and  the  record  of  the  Secretary's 
decisions  therein.  It  prepares  for  approval  lists  of  swamp, 
railroad,  internal  improvement,  and  other  selections  of 
lands,  and  attends  to  matters  connected  with  the  adminis- 
trative or  supervisory  powers  of  the  Secretary  regarding 
revolutionary  bounty  land  scrip,  &c. 


OFFICE   OF   THE   SECRETAKY   OF    THE   INTERIOR.      419 

V.  The  Division  of  Pensions  and  Miscellaneous. 

1178.  This  division  is  charged  with  matters  pertaining 
to  duties  devolving  upon  the  Secretary  of  the  Interior 
regarding  pensions  and  bounty  lands,  patents,  and  the  cen- 
sus ;  also  those  concerning  the  Government  Hospital  for 
the  Insane,  Freedmen's  Hospital,  Columbia  Hospital  for 
Women,  the  Columbia  Institution  for  the  Deaf  and  Dumb, 
the  National  Soldiers  and  Sailors'  Orphans'  Home,  and  the 
new  jail,  all  iA  the  District  of  Columbia. 

VI.  The  Division  of  Public  Documents. 

1179.  This  division  has  charge  of  the  care  and  dis- 
tribution of  all  public  documents  issued  by  the  Govern- 
ment, the  custody  and  distribution  of  which  devolve  by 
statute  (R.  S.,  §§  497-511)  upon  the  Secretary  of  the  Inte- 
rior. These  documents  include  all  excepting  those  pub- 
lished for  the  especial  use  of  Congress  or  of  any  of  the 
executive  departments. 

The  division  is  under  the  charge  of  an  officer  provided 
for  by  law  and  designated  Superintendent  of  Public  Docu- 
ments. 

1180.  In  addition  to  the  custody  of  these  documents, 
this  division  has  the  management  of  the  library  of  the 
department.  It  has  charge  of  the  compilation  and  publi- 
cation of  the  United  States  Biennial  Register,  or  "  Blue 
Book,"  containing  the  names  of  all  officers  of  the  United 
States,  &c.  It  has  the  charge  of  the  issuing  of  requisitions 
for  the  printing  and  binding  of  the  Interior  Department. 

VII.  The  Returns  Office. 

1181.  The  statutes  require  the  Secretary  of  the  Interior 
to  provide  a  proper  apartment,  to  be  called  the  Returns 
Office,  in  which  are  to  be  filed  the  returns  of  contracts 


420  THE  EXECUTnrE  BEPARTMENTS. 

made  by  the  Secretary  of  War,  the  Secretary  of  the  Navy, 
and  the  Secretary  of  the  Interior. 

1182.  These  returns  are  filed,  as  required  by  law,  so 
as  to  be  of  easy  access ;  they  are  arranged  in  classies 
according  to  the  officer  by  whom  they  are  made,  and  num- 
bered in  the  order  in  which  they  are  made.  An  index  book 
is  also  kept  in  this  division,  containing  the  names  of  the 
contracting  parties,  with  the  number  of  each  contract  oppo- 
site the  names  respectively.  This  index  book  and  the 
returns  are  by  law  subject  to  the  inspection  of  any  person 
desiring  the  privilege. 

1183.  The  clerk  in  charge  furnishes  copies  of  the  re- 
turns to  any  person  paying  therefor  at  the  rate  of  five  cents 
for  every  one  hundred  words,  and  causes  such  copies  to  be 
attested  in  the  proper  form. 

The  Board  of  Indian  Commissioners. 

1184:.  This  board,  although  not  a  bureau  or  Organiza- 
tion of  the  Interior  Department,  is  nevertheless  so  inti- 
mately connected  with  the  same,  through  its  relations  with 
the  Indian  service,  as  to  demand  some  mention  in  this 
place.  It  was  created  by  act  of  Congress  of  April  10, 1869, 
to  consist  often  persons,  to  be  appointed  by  the  President 
from  men  eminent  for  intelligence  and  philanthropy.  They 
serve  without  compensation. 

1185.  The  board  is  authorized  to  supervise  all  expend- 
itures of  money  appropriated  for  the  benefit  of  the  Indians, 
and,  in  connection  with  the  Commissioner  of  Indian  Affairs, 
to  inspect  all  goods  purchased  for  the  Indians.  (R.  S.,  § 
2041.) 

1186.  Any  member  of  the  board  is  empowered  to  in- 
vestigate all  contracts,  expenditures,  and  accounts  in  con- 
nection with  the  Indian  service,  and  is  allowed  free  access 
to  all  books  and  papers  relating  thereto  in  any  Government 
office.    (R.  S.,  §  2042.) 


THE  BOARD   OP  INDIAN  COMMISSIONERS.  421 

1187.  Payments  are  prohibited  by  any  officer  of  the 
United  States  to  contractors  for  supplies,  transportation, 
buildings,  or  machinery,  on  the  receipts  or  certificates  of 
the  Indian  agents  or  superintendents,  beyond  fifty  per  cent, 
of  the  amount  due,  until  the  accounts  and  vouchers  shall 
have  been  submitted  to  the  executive  committee  of  the 
Board  of  Indian  Commissioners  for  examination  and  ap- 
proval. These  accounts  and  vouchers,  after  passing  the 
scrutiny  of  the  board,  are  required  b^  law  to  be  forwarded 
to  the  Secretary  of  the  Interior  for  his  final  determination. 
(R.  S.,  §  2107.) 


422        THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  XXV. 

THE   GENERAL   LAND   OFFICE. 

1188.  The  Greneral  Land  Office  was  established  as  a 
bureau  of  the  Treasury  Department  by  the  act  of  April  25, 
1812.  (2  Stats,  at  Large,  p.  717.)  On  the  creation  of  the 
Department  of  the  Interior,  in  the  year  1849,  it  was  trans- 
ferred to  the  latter,  of  which  department  it  is  now  a  most 
important  bureau.  It  has  charge,  under  the  general  super- 
vision of  the  Secretary  of  the  Interior,  of  the  care,  preserva- 
tion, sale,  and  disposition  of  our  vast  public  domain.  It  is 
through  this  office,  under  the  immediate  agency  of  survey- 
ors-general and  their  subordinates,  that  all  surveys  of  the 
public  lands  are  made,  and,  under  the  like  agency  of  reg- 
isters and  receivers,  that  those  lands  are  entered,  sold,  and 
located.  Through  the  latter  agency  the  proceeds  of  the 
sales  are  collected  and  paid  into  the  Treasury.  It  is  in  this 
office,  subject  to  appeal  to  the  Secretary  of  the  Interior, 
that  the  innumerable  questions  arising  under  the  home- 
stead, pre-emption,  and  bounty  land  laws  are  considered 
and  determined. 

Surveys. 

1189.  The  public  lands  are  required  to  be  surveyed 
and  for  this  purpose  the  statutes  provide  for  the  appoint 
ment  of  sm-veyors-general  for  Louisiana,  Florida,  Minne 
sota,  Kansas,  California,  Nevada,  Oregon,  Nebraska,  Iowa, 
Colorado,  and  the  Territories  of  New  Mexico,  Idaho,  Wash 
ington,  Montana,  Wyoming,  and  Arizona.  Each  of  these 
surveyors-general  is  required  to  engage  a  sufficient  number 
of  skillful  surveyors  as  his  deputies. 


THE   GENERAL   LAND   OFFICE.  423 

1190.  All  the  public  lands  are  required,  where  practi- 
cable, to  be  divided  by  north  and  south  lines,  run  accord- 
ing to  the  true  meridian,  also  by  others  crossing  them  at 
right  angles,  and  to  be  formed  into  townships  of  six  miles 
square.  These  townships  are  required  to  be  subdivided 
into  thirty-six  sections,  each  section  to  contain,  as  near  as 
may  be,  six  hundred  and  forty  acres,  or  one  mile  square  of 
land.  Any  number  of  contiguous  townships  north  or  south 
of  each  other  constitute  a  range.  The  townships  bear  num- 
bers, in  respect  of  the  base  line,  either  north  or  south  of  it ; 
and  the  tiers  of  townships  or  ranges  bear  numbers,  in  respect 
of  the  meridian  line,  according  to  their  relative  position  to 
it,  either  on  the  east  or  west.  The  sections  are  numbered 
consecutively,  beginning  with  number  one,  the  northeast 
section,  and  proceeding  then  west  to  and  including  number 
six  ;  thence  alternating  east  and  west  with  progressive  num- 
bers until  the  thirty-six  are  completed.  Further  subdivis- 
ions of  these  sections  into  tracts  of  one  hundred  and  sixty 
acres  are  designated  quarter  sections,  viz.,  northeast,  north- 
west, southeast,  and  southwest  quarters. 

1101.  In  Nevada,  Oregon,  and  California,  when  deemed 
advisable,  a  departure  may  be  made  from  this  rectangular 
form  of  surveys. 

119^.  The  statutes  designate  by  boundaries  ninety-three 
land  districts,  and  fix  the  location  therein  of  the  respective 
land  offices ;  but  this  designation  may  be  varied,  but  not 
increased,  by  the  President  and  the  Secretary  of  the  Inte- 
rior as  the  public  interests  may  seem  to  require. 

Pre-emptions. 

1193.  Every  person  being  a  head  of  a  family,  or  widow, 
or  single  person  over  the  age  of  twenty-one  years  and  a  cit- 
izen of  the  United  States,  or  having  filed  a  declaration  of 
intention  under  the  naturalization  laws,  who  has  made  a 


424  THE  EXECUTIVE  DEPARTMENTS. 

settlement  in  person  on  the  public  lands  subject  to  pre- 
emption, and  who  inhabits  and  has  improved  the  same,  and 
who  has  erected  a  dwelling  thereon,  is  authorized  to  enter 
with  the  register  of  the  land  office  for  the  district  in  which 
such  land  lies,  by  legal  subdivisions,  any  number  of  acres 
not  exceeding  one  hundred  and  sixty,  or  a  quarter  section 
of  land,  to  include  the  residence  of  such  claimant,  upon 
paying  to  the  United  States  the  minimum  price  of  such 
land,  viz.,  one  dollar  and  twenty-five  cents  per  acre.  (R. 
S.,  §§  2259,  2357.) 

1194:.  Before  any  such  person  is  entitled  to  the  benefit 
of  this  provision,  he  is  required  to  make  proof  before  the 
receiver  or  the  register  of  the  particular  land  district  that 
he  has  not  before  had  the  benefit  of  any  pre-emption  ;  that 
he  is  not  the  owner  of  three  hundred  and  twenty  acres  of 
land  in  any  State  or  Territory ;  that  he  has  not  settled  upon 
the  land  for  speculation,  but  in  good  faith  for  his  own  use  ; 
that  he  has  not  made  any  agreement,  directly  or  indirectly, 
through  which  the  title  may  inure,  in  whole  or  in  part,  to 
the  benefit  of  any  person  except  himself.     (R.  S.,  §  2262.) 

119^.  He  is  required,  moreover,  within  thirty  days  after 
his  settlement,  to  file  with  the  register  a  written  statement 
describing  the  land  and  declaring  his  intention  to  claim  the 
same  under  the  pre-emption  laws,  and,  within  twelve  months 
after  such  settlement,  to  make  the  required  proof  and  pay- 
ment ;  otherwise  the  land  will  be  subject  to  the  entry  of 
any  other  purchaser.     (R.  S.,  §  2264.) 

Homesteads. 

1196.  Every  person  the  head  of  a  family,  or  who  has 
arrived  at  the  age  of  twenty-one  years  and  is  a  citizen  of 
the  United  States,  or  who  has  filed  his  declaration  of  inten- 
tion under  the  naturalization  laws,  and  any  soldier,  officer, 
or  seaman  who  served  in  the  United  States  army,  navy,  or 


HOMESTEADS.  425 

marine  corps  in  the  war  of  the  rebellion  of  1861  for  ninety 
days  and  was  honorably  discharged,  or,  in  case  of  his  death, 
the  widow  or  orphan  children  of  the  same,  may  enter  one 
quarter  section  or  a  less  quantity  of  unappropriated  public 
lands  upon  which  a  pre-emption  claim  has  been  filed  by  such 
person  or  persons,  (excepting  mineral  lands,)  which  at  the 
time  of  application  may  be  subject  to  pre-emption  at  one 
dollar  and  twenty-five  cents  per  acre  ;  or  eighty  acres  or  less 
of  such  unappropriated  lands  subject  to  pre-emption  at  two 
dollars  and  fifty  cents  per  acre,  to  be  located  in  a  body,  in 
conformity  with  the  legal  subdivisions  of  the  public  lands, 
and  after  the  same  have  been  surveyed.  And  any  person 
owning  and  residing  on  land  may,  under  this  provision, 
enter  other  land  lying  contiguous  which  shall  not,  with  the 
land  so  already  owned  and  occupied,  exceed  one  hundred 
and  sixty  acres.     (R-.  S.,  §§  2289,  2304.) 

1197.  In  order  to  obtain  the  benefit  of  this  provision, 
the  person  must  make  the  necessary  proof,  showing  that  he 
comes  within  the  law,  that  the  application  is  made  for  his 
exclusive  use  and  benefit,  and  that  his  entry  is  made  for 
the  purpose  of  actual  settlement  and  cultivation.  He  must 
also  pay  a  fee  of  five  or  ten  dollars  to  the  receiver  or  reg- 
ister, as  the  quantity  of  the  land  is  eighty  acres  or  more. 
(R.  S.,  §  2290.) 

1198.  On  the  expiration  of  five  years  from  the  date  of 
entry,  and  within  two  years  afterwards,  the  person  making 
such  entry  or  his  representatives  will  be  entitled  to  a  pat- 
ent. He  may,  however,  at  any  time  before  the  expiration 
of  the  five  years  pay  the  minimum  price  of  the  land,  and 
obtain  a  patent  upon  making  proof  of  settlement  and  cul- 
tivation as  provided  by  law  with  respect  to  pre-emption 
rights.  In  the  former  case,  to  obtain  the  patent  he  must 
prove  by  two  credible  witness  that  he  has  resided  upon  or 
cultivated  the  land  for  the  term  of  five  years  immediately 


426  THE   EXECUTIVE   DEPARTMENTS. 

succeeding  the  filing  of  the  affidavit  for  entry,  and  must 
make  affidavit  that  no  part  of  the  land  has  been  alienated, 
except  for  church,  cemetery,  or  school  purposes,  or  for 
right  of  way  of  a  railroad.     (R.  S.,  §  2291.) 

This  condition  as  to  five  years'  settlement  is  modified  to 
require  a  shorter  period  from  the  date  of  entry  in  case  of 
soldiers,  officers,  and  seamen  who  served  in  the  United 
States  army,  navy,  or  marine  corps,  during  the  war  of  the 
rebellion  of  1861  and  were  honorably  discharged. 

Timber  Culture  Entry. 

1199.  Any  person  the  head  of  a  family,  or  who  has 
arrived  at  the  age  of  twenty-one  years  and  is  a  citizen  of 
the  United  States,  or  who  shall  have  made  his  declaration 
under  the  naturalization  laws,  who  shall  plant,  protect,  and 
keep  in  a  healthy  growing  condition  for  eight  years  forty 
acres  of  timber,  the  trees  not  to  be  more  than  twelve  feet 
apart  each  way,  on  any  quarter  section  of  the  public  lands, 
or  twenty  acres  on  any  legal  subdivision  of  eighty  acres,  or 
ten  acres  on  any  legal  subdivision  of  forty  acres,  or  one- 
fourth  part  of  any  fractional  subdivision  of  land  less  than 
forty  acres,  will  be  entitled  to  a  patent  for  the  whole  of 
said  quarter  section,  or  of  such  legal  subdivision  of  eighty 
or  forty  acres,  or  fractional  subdivision  of  less  than  forty 
acres,  at  the  expiration  of  the  said  eight  years,  on  making 
proof  of  such  fact  by  not  less  than  two  credible  witnesses. 
No  person  is,  however,  allowed  to  make  more  than  one 
entry,  unless  fractional  subdivisions  of  less  than  forty  acres 
are  entered,  which,  in  the  aggregate,  shall  not  exceed  one 
quarter  section. 

1300.  To  obtain  the  benefits  of  this  provision,  it  is 
required  that  on  application  to  the  register  of  the  proper 
district  the  applicant  shall  make  affidavit  before  that  offi- 
cer, the  receiver,  or  some  officer  authorized  to  administer 


TIMBER   CULTURE  AND   BOUNTY  LANDS.  427 

oaths  in  the  district  having  a  seal  of  office,  that  the  entry 
is  made  for  the  cultivation  of  timber,  and  shall  pay  ten 
dollars,  whereupon  he  shall  be  permitted  to  make  entry  of 
the  quantity  of  land  specified.  He  is  required,  if  the  entry 
is  of  a  quarter  section,  to  break  ten  acres  the  first  year,  ten 
acres  the  second  year,  and  twenty  acres  the  third  year  ;  also 
to  plant  ten  acres  the  second  year,  ten  the  third  year,  and 
twenty  the  fourth  year.  If  the  entry  is  of  eighty  acres,  he 
is  required  to  break  and  plant  at  said  times  one-half  the 
quantity.  If  the  entry  is  of  forty  acres,  he  is  required  to 
break  and  plant  one-quarter  of  the  quantity  at  said  times ; 
and  proportionately  for  an  entry  of  a  smaller  subdivision. 

Bounty  Lands. 

1S$>1.  The  system  of  bounty  lands,  as  one  of  reward 
held  out  to  those  who  have  performed  military  service  for 
the  United  States,  is  much  complicated  by  the  numerous 
enactments  of  Congi-ess  on  the  subject.  By  act  of  March 
8,  1855,  the  provisions  of  which,  in  connection  with  those 
of  some  of  the  previous  acts,  were  re-enacted  in  the  Revised 
Statutes,  the  bounty  of  the  Grovernment  was  extended  in 
favor  of  all  commissioned  and  non-commissioned  officers, 
musicians,  and  privates,  whether  regulars,  volunteers,  ran- 
gers, or  militia,  who  performed  military  service  not  less 
than  fourteen  days  in  the  war  with  Great  Britain  of  1812, 
and  in  any  Indian  or  other  war  in  which  the  United  States 
has  been  engaged  since  the  year  1790  and  prior  to  the  3d  of 
March,  1855,  or,  if  deceased,  in  favor  of  the  widow  or  minor 
children  of  such  person.  It  was  also  extended  to  the  same 
class  of  soldiers  who  served  in  certain  named  battles  during 
that  period  "without  regard  to  the  length  of  service. 

ISOS.  It  is  provided  that  each  of  the  beneficiaries  so 
entitled  shall  receive  a  warrant  for  one  hundred  and  sixty 
acres  of  land.  These  warrants  are  issued  by  the  Commis- 
sioner of  Pensions. 


428  THE   EXECUTIVE  DEPARTMENTS. 

Upon  the  return  of  these  warrants  to  the  General  Land 
Office  with  evidence  of  location  legally  made,  a  patent 
may  issue  for  the  lands  so  located. 

Analogous  to  these  lands  is  a  class  known  as  Virginia 
military  bounty  lands,  based  on  warrants  issued  by  Vir- 
ginia in  recognition  of  the  services  of  her  soldiers  in  the 
Continental  Line  during  the  Revolutionary  War  and  re- 
maining unsatisfied,  the  obligation  for  which  was  assumed 
by  the  Greneral  Government  by  act  of  August  31,  1852,  as 
amended  by  act  of  June  22,  1860  ;  provided  that  liability 
was  allowed  by  the  State  authorities  prior  to  March  1, 
1852.  The  law  authorizes  the  issue  of  land  scrip  at  $1.25 
per  acre,  by  the  Secretary  of  the  Interior,  on  the  surrender 
of  the  warrant,  such  scrip  to  be  received  in  payment  of 
public  lands  subject  to  private  entry. 

Mineral  Lands. 

1^03.  All  lands  of  the  public  domain  valuable  on 
account  of  their  mineral  deposits  are  reserved  by  law  from 
pre-emption,  homestead,  bounty  location,  and  from  ordi- 
nary disposal  by  sale  or  otherwise,  and  are  subject  to  spe- 
cial provision  of  the  statutes.  They  are  free  and  open  to 
exploration,  occupation,  and  purchase  by  citizens  of  the 
United  States,  and  by  persons  who  have  declared  their  in- 
tention under  the  naturalization  laws,  according  to  the  local 
customs  or  rules  of  miners  in  the  several  mining  districts, 
so  far  as  the  same  are  applicable  and  not  inconsistent  with 
the  laws  of  the  United  States.  To  obtain  a  patent  for  such 
lands  on  any  claim  of  location,  the  applicant  must  file  in 
the  proper  land  office  his  application  under  oath,  showing 
a  compliance  with  the  law,  and  file  a  plat  and  field-notes 
of  the  claim,  made  under  direction  of  the  United  States 
Surveyor-Greneral,  showing  accurately  the  boundaries,  which 
must  be  distinctly  marked  by  monuments  on  the  ground. 


MINERAL   AND   DESERT   LANDS.  429 

He  must  post  a  copy  of  such  plat,  together  with  a  notice 
of  his  application  for  a  patent,  in  a  conspicuous  place  an 
the  land,  previous  to  the  filing  of  his  application,  which 
fact  he  shall  prove  by  at  least  two  persons,  and  he  must 
file  a  copy  of  the  notice  in  the  proper  district  land  office. 
It  is  then  required  that  the  register  of  the  land  office  shall 
publish  a  notice  of  such  application,  for  a  period  of  sixty 
days,  in  a  newspaper  to  be  designated  by  him  as  published 
nearest  to  the  claim  ;  also  that  he  shall  post  such  notice  in 
his  office  for  the  same  period.  The  claimant  is  required,  at 
the  time  of  filing  his  application,  or  at  any  time  within  the 
sixty  days  of  publication,  to  file  with  the  register  a  certifi- 
cate of  the  Surveyor-Greneral  that  five  hundred  dollars' 
worth  of  labor  has  been  expended  or  of  improvements  have 
been  made  on  the  claim  by  himself  or  grantors,  and  that 
the  plat  is  correct,  with  such  further  description  as  will 
fully  identify  the  claim,  and  furnish  an  accurate  descrip- 
tion, to  be  incorporated  in  the  patent.  He  is  required  also, 
at  the  expiration  of  the  sixty  days  of  publication,  to  file 
his  affidavit,  showing  that  the  plat  and  notice  have  been 
posted  in  a  conspicuous  place  on  the  claim  during  such 
period.  If  no  adverse  claim  shall  have  been  filed  with  the 
register  and  receiver  of  the  proper  office  at  the  expiration 
of  the  sixty  days  of  publication,  it  is  to  be  assumed  that 
the  applicant  is  entitled  to  a  patent,  upon  payment  to  the 
proper  officer  of  five  dollars  per  acre. 

Desert  Lands. 

1904.  Special  provision  is  made  by  the  recent  act  of 
Congress  of  March  3,  1877,  for  the  sale  and  acquisition  of 
lands  in  certain  States  and  Territories  described  as  desert 
lands.  The  benefit  of  this  is  extended  to  citizens,  or  any 
persons  of  lawful  age  entitled  to  become  citizens  who  have 
filed  their  declarations  to  become  citizens.     Upon  the  pay- 


430  THE   EXECUTIVE  DEPARTMENTS. 

ment  of  twenty-five  cents  per  acre  and  the  filing  of  a  dec- 
laration, under  oath,  with  the  register  and  receiver  of  the 
proper  land  district,  that  the  applicant  intends  to  reclaim 
the  described  tract  of  desert  land,  not  exceeding  one  sec- 
tion, in  the  manner  and  under  the  limitations  as  provided 
in  the  act,  and  upon  the  production  of  satisfactory  proof, 
within  three  years  thereafter,  to  those  officers,  of  the  recla- 
mation of  the  land,  and  on  the  additional  payment  of  one 
dollar  per  acre,  a  patent  for  the  same  may  be  issued. 

This  act  has  application  only  to  the  States  of  California, 
Oregon,  and  Nevada,  and  to  the  Temtories  of  Washington, 
Idaho,  Montana,  Utah,  Wyoming,  Arizona,  New  Mexico,  and 
Dakota.  The  determination  as  to  what  constitutes  desert 
land  is  subject  to  the  decision  of  the  Commissioner  of  the 
General  Land  Office.  The  act,  however,  declares  that  all 
lands,  exclusive  of  timber  and  mineral  lands,  which  will 
not  without  irrigation  produce  some  agricultural  crop,  shall 
be  deemed  desert  lands.  The  fact  is  to  be  proved  by  the 
oaths  of  two  or  more  credible  witnesses,  whose  affidavits 
are  to  be  filed  in  the  land  office  of  the  land  district  in  which 
the  tract  of  land  is  situated. 

Eeserved  Town  Sites  on  the  Public  Lands. 

ISO^.  The  statutes  authorize  the  reservation  of  town 
sites  on  the  public  lands,  on  the  shores  of  harbors,  and  at 
the  junction  of  rivers,  important  portages,  or  any  natural  or 
prospective  center  of  population.  These  sites  may  be  sur- 
veyed into  urban  or  suburban  lots,  and  a  cash  value  is 
authorized  to  be  fixed  by  appraisement  to  the  same.  They 
may  be  offered  for  sale  at  public  outcry  to  the  highest  bid- 
der, and  afterwards  may  be  held  subject  to  sale  at  private 
entiy  according  to  regulations ;  but  no  sale  may  be  made 
of  a  lot  at  less  than  its  appraised  value. 

In  a  case  where  parties  have  founded  a  city  or  town  on 


TOWN   SITES   AND   AGRICULTURAL-COLLEGE  SCRIP.      431 

the  public  lands  they  may  file  a  plat  of  the  same,  which  is 
not  to  exceed  six  hundred  and  forty  acres  in  extent,  with 
the  recorder  of  the  proper  county,  giving  the  name  of  the 
city  or  town,  with  various  minutiae.  Within  a  month  after 
the  filing  of  the  plat  the  parties  must  transmit  to  the  Gen- 
eral Land  Office  a  verified  transcript  of  the  same,  accom- 
panied by  the  testimony  of  two  witnesses  that  such  city  or 
town  has  been  established  in  good  faith,  and  also  file  a 
similar  plat  with  the  proper  register  and  receiver  when  the 
town  is  within  a  land  district.  At  any  time  thereafter  the 
lots  may  be  offered  at  public  sale  to  the  highest  bidder,  sub- 
ject to  a  minimum  price  of  ten  dollars  for  each  lot,  and  any 
lot  not  so  disposed  of  will  thereafter  be  liable  to  private 
entry  at  such  minimum  price,  or  at  such  reasonable  increase 
or  diminution  as  the  Secretary  of  the  Interior  may  order  from 
time  to  time,  after  at  least  three  months'  notice. 

Agricultural-College  Scrip. 

In  addition  to  these  classes,  mention  should  be  made  of 
the  agricultural-college  scrip  issued  by  authority  of  the  act 
of  July  2,  1862,  to  the  several  States,  in  certain  cases,  for 
the  support  of  agricultural  colleges.  This  scrip  the  States 
were  authorized  to  dispose  of,  and  the  assignees  to  locate 
the  same  on  any  unappropriated  public  lands  subject  to 
private  entry  at  one  dollar  and  twenty-five  cents  per  acre. 

15S0@.  Besides  the  disposal  of  the  public  lands  in  the 
manner  before  mentioned,  they  may  be  offered  at  stated 
public  sales  to  the  highest  bidder  in  half-quarter  sections ; 
and  may  be  sold  at  private  sale,  at  the  option  of  the  pur- 
chaser, in  entire  sections,  half  and  quarter  sections,  and 
half-quarter  or  quarter-quarter  sections. 

l!S07'.  A  person  making  application  at  any  of  the  land 
offices  for  the  purchase  at  private  sale  of  a  tract  of  land 
must  produce  to  the  register  a  memorandum,  in  writing. 


4S2  THE  EXECUTIVE  DEPARTMENTS. 

describing  the  tract,  which  he  shall  enter  by  the  proper 
number  of  the  section,  half  section,  quarter  section,  and  so 
on,  and  of  the  township  and  range,  subscribing  his  name 
thereto,  which  memorandum  shall  be  preserved  on  file  in 
the  register's  office.  The  price  at  which  the  lands  are  to 
be  offered  is  one  dollar  and  twenty-five  cents  per  acre  at 
private  sale,  and  not  less  than  that  price  at  public  sale. 

1208.  In  order  that  public  lands  may  be  exposed  to 
public  sale,  they  are  required  to  be  advertised  for  a  period 
not  less  than  three  nor  more  than  six  months  prior  to  the 
day  of  sale,  unless  otherwise  specially  ordered,  and  such 
sales  are  to  be  kept  open  for  two  weeks,  and  no  longer. 

1^09.  The  foregoing  exhibits  the  several  modes  in 
which  title  to  the  public  lands  may  be  acquired.  The  cir- 
culars, instructions,  regidations,  and  decisions  of  the  Gren- 
eral  Land  Office  in  exposition  of  the  numerous  statutes 
regarding  the  public  domain  would  of  themselves  fill  a 
volume. 

It  is  designed  here  merely  to  refer,  as  succinctly  as  pos- 
sible, to  the  specific  duties  of  the  Commissioner  and  to  the 
organization  of  his  office  for  business. 

ISiO.  The  head  of  the  office  is  designated  the  Commis- 
sioner of  the  Greneral  Land  Office.  The  subordinate  officers 
are — 

1.  Chief  Clerk. 

2.  Recorder  of  the  General  Land  Office. 

3.  A  Principal  Clerk  of  the  Public  Lands. 

4.  A  Principal  Clerk  on  Private  Land  Claims. 

5.  A  Principal  Clerk  of  Survey. 

1311.  As  it  is  not  practicable  for  the  President  of  the 
United  States  to  sign  the  numerous  patents  issued,  the 
statutes  provide  him  with  a  Secretary  to  sign  the  same,  in 
his  name  and  for  him.  This  Secretary  performs  his  duties 
at  the  Department  of  the  Interior  and  in  connection  with 
the  Land  Office.     • 


THE   GENERAL   LAND   OFFICE.  433 


The  Commissioner  op  the  General  Land  Office. 

X212,  It  is  specified  by  law  that  the  Commissioner  of 
the  General  Land  Office  shall  perform,  under  the  direction 
of  the  Secretary  of  the  Interior,  all  executive  duties  apper- 
taining to  the  surveying  and  sale  of  the  public  lands  of  the 
United  States,  or  in  anywise  respecting  such  lands,  and 
also  such  duties  as  relate  to  private  claims  for  land,  and 
the  issuing  of  patents  for  all  grants  of  land  under  the  au- 
thority of  the  Government.     (E.  S.,  §  453.) 

1^13.  It  is  his  duty,  when  required  by  the  President 
or  either  House  of  Congress,  to  make  a  plat  of  any  land 
surveyed,  and  to  give  such  information  respecting  the  pub- 
lic lands  and  the  business  of  his  office  as  he  shall  be  direct- 
ed.    (R.  S.,  §  455.) 

1^14.  All  returns  relative  to  the  public  lands  are  made 
to  him.  He  has  power  to  audit  and  settle  all  public  accounts 
relative  thereto,  and  is  required  on  such  settlements  to  cer- 
tify the  balances  and  to  transmit  the  accounts,  with  the  vouch- 
ers, to  the  Third  Comptroller  of  the  Treasury  for  his  exam- 
ination and  decision.  (R.  S.,  §  456.)  He  is  thus  made  an 
auditing  officer,  with  duties  relating  to  accounts  pertaining 
to  public  lands,  of  like  character  as  those  devolving  on  the 
different  Auditors  of  the  Treasury  respectively  with  regard 
to  their  several  subjects  of  accounting. 

1^1^.  The  Commissioner  is  authorized  to  furnish  to 
applicants  exemplifications  of  patents,  or  papers  on  file  or 
of  record  in  his  office,  on  payment  by  them  of  fifteen  cents 
per  one  hundred  words,  and  two  dollars  for  copies  of  town- 
ship plats  or  diagrams,  with  an  additional  sum  of  one  dollar 
for  the  Commissioner's  certificate  of  verification  under  seal 
of  his  office.  These  fees  are  to  be  paid  into  the  Treasury. 
(R.  S.,  §  461.)  Such  copies  so  certified,  or  in  his  absence 
by  the  Principal  Clerk,  are  entitled  to  be  received  in  evi- 
28 


434  THE  EXECUTIVE  DEPARTMENTS. 

dence  equally  with  the  originals  in  courts  of  justice.  (R. 
S.,  §§  891,  2469.) 

1^16.  When,  as  provided  by  law,  the  field-notes,  maps, 
records,  and  other  papers  are  turned  over  to  State  author- 
ities on  the  completion  of  the  surveys  in  any  district,  the 
same  authority,  powers,  and  duties  relative  to  the  survey, 
resurvey,  or  subdivision  of  the  lands,  and  all  matters  con- 
nected therewith,  as  were  previously  exercised  by  the  Sur- 
veyor-Greneral  whose  district  included  the  particular  State, 
vest  in  and  devolve  upon  the  Commissioner  of  the  Land 
Office.  And  it  is  provided  that,  under  his  direction,  any 
deputy  surveyor  or  other  agent  of  the  United  States  shall 
have  free  access  to  such  papers  and  records,  for  the  pur- 
pose of  taking  extracts  therefrom  or  making  copies,  without 
charge  of  any  kind.     (R.  S.,  §§  2219,  2220.) 

1317.  The  Commissioner  of  the  Land  Office  receives 
the  monthly  returns  of  receivers,  of  all  moneys  paid  to  their 
respective  offices  ;  also  quarterly  accounts  current  of  their 
debits  and  credits.     (R.  S.,  §  2245.) 

1218.  Upon  his  recommendation  and  the  approval  of 
the  Secretary  of  the  Interior,  th^  President  may  order  the 
discontinuance  of  any  land  office,  and  the  transfer  of  any 
of  its  business  and  archives  to  any  other  land  office  within 
the  same  State  or  Territory.     (E.  S.,  §  2252.) 

1319.  He  is  empowered  to  entertain  appeals  from  the 
decisions  of  district  registers  and  receivers  in  cases  of  con- 
tests  for  the  right  of  pre-emptipn,  and  his  decision  is  final, 
unless  an  appeal  is  taken  to  the  Secretary  of  the  Interior! 
(R.  S.,  §  2273.) 

1220.  He  is  empowered  to  establish  the  maximum 
charges  for  surveys  and  publication  of  notices  to  be  in- 
curred by  applicants  for  mining  claims.     (R.  S.,  §  2334.) 

1221.  Whenever  any  reservation  of  public  lands  is 
brought  into  market,  the  Commissioner  of  the  Land  Office 


THE  GENERAL  LAND   OFFICE.  435 

is  required  to  fix  the  minimum  price,  not  less  than  one  dol- 
lar and  twenty-five  cents  per  acre,  below  which  such  lands 
may  not  be  disposed  of.     (R.  S.,  §  2364.) 

1222.  He  is  empowered,  when  he  is  satisfied,  from  the 
proof  submitted,  of  an  error  in  an  entry  of  lands  by  mis- 
take of  numbers,  and,  in  certain  cases,  where  it  appears 
that  every  reasonable  precaution  has  been  taken  to  avoid 
mistake,  to  change  the  entry  and  transfer  the  payment  from 
the  tract  erroneously  entered  to  that  intended  to  be  entered, 
if  unsold,  and  if  sold,  to  any  other  tract  liable  to  entry, 
(R.  S.,  §  2372.) 

13^3.  His  approval  of  contracts  for  the  survey  of  the 
public  lands  is  necessary  before  they  can  become  binding 
on  the  United  States,  except  in  such  cases  as  he  may  other- 
wise specially  order.  (R.  S.,  §  2398.)  Besides  the  printed 
manual,  relative  to  surveys,  dated  February  22,  1855,  and 
the  special  instructions  of  the  Surveyor-Greneral  not  in  con- 
flict therewith,  the  instructions  of  the  Commissioner  are 
required  to  be  taken  and  understood  as  a  part  of  every  such 
contract.     (R.  S.,  §  2399.) 

122^,  It  is  the  duty  of  the  Commissioner  to  fix  the 
prices  per  mile  for  public  surveys,  in  no  case  exceeding 
the  legal  maximum  ;  and  he  is  required  to  prepare  instruc- 
tions, under  which  each  Surveyor-General  may  keep  an 
accurate  account  of  the  cost  of  surveying  and  platting 
private  land  claims,  to  be  reported  to  the  General  Land 
Office  with  the  map  of  such  claim,  so  that  the  cost  may  be 
paid  into  the  Treasury  before  the  patents  issue.  (R.  S.,  § 
2400.) 

ISS^.  Under  the  instructions  of  the  Commissioner,  th^ 
settlers  in  a  township  may  have,  at  their  own  cost,  a  survey 
made  of  such  township  by  the  Surveyor-General  and  a  re- 
turn of  such  survey  filed  in  the  general  and  local  land  offices ; 
provided  such  township  is  within  the  range  of  the  regular 


436  THE   EXECUTIVE  DEPARTMENTS. 

progress  of  public  surveys  embraced  by  existing  standard 
lines  or  bases  for  the  township  and  subdivisional  surveys. 
(K.  S.,  §  2401.) 

122G,  He  may  authorize,  in  his  discretion,  public  lands 
in  Oregon  densely  covered  with  forests  or  thick  undergrowth 
to  be  surveyed  at  augmented  rates,  not  exceeding  eighteen 
dollars  per  mile  for  standard  parallels,  fifteen  dollars  for 
township,  and  twelve  dollars  for  sectional  lines ;  and  in 
California  and  Washington  Territory,  at  augmented  rates, 
not  exceeding  eighteen  dollars  per  lineal  mile  for  standard 
parallels,  sixteen  dollars  for  township,  and  fourteen  dollars 
for  section  lines.     (R.  S.,  §§  2404,  2405.) 

1227,  When  the  surveys  in  Oregon  and  California,  or 
any  portion  of  them,  are  so  required  to  be  made  as  to  ren- 
der it  expedient  to  make  compensation  by  the  day  instead 
of  by  the  mile,  the  Commissioner,  under  direction  of  the 
Secretary  of  the  Interior,  may  make  such  fair  and  reason- 
able allowance  as  is  in  his  judgment  necessary  to  insure  the 
accurate  and  faithful  execution  of  the  work.    (R.  S.,  §  2411.) 

1S28.  He  is  empowered  to  prescribe  regulations  gov- 
erning the  assignment  of  military  bounty  land  warrants, 
and  of  valid  locations  of  the  same,  so  as  to  vest  the  assignee 
with  all  the  rights  of  the  original  owner.     (R.  S.,  §  2414.) 

ldS9.  It  is  the  duty  of  the  Commissioner,  under  regu- 
lations of  the  Secretary  of  the  Interior,  to  cause  to  be 
located,  free  of  expense,  any  warrant  transmitted  by  the 
holder  to  the  General  Land  Office  for  that  purpose,  in  such 
State  or  land  district  as  the  holder  or  warrantee  may  desig- 
nate, and  upon  good  farming  land  as  far  as  practicable, 
whereupon  a  patent  will  issue  to  the  warrantee  or  holder. 
(R.  S.,  §  2437.) 

1330.  Subject  to  the  final  adjudication  of  the  Commis- 
sioner, an  actual  settler  on  the  public  lands  who  has  made 
an  error  in  the  location  of  a  bounty  land  warrant  may  re- 


THE   GENERAL   LAND   OFFICE.  437 

locate  the  same  upon  the  land  actually  settled  upon  and 
improved  by  hrni,  if  the  same  be  then  vacant,  on  making 
proper  proof  to  the  satisfaction  of  the  local  land  oflScers  in 
accordance  with  the  regulations  of  the  Commissioner.  (R. 
S.,  §  2446.) 

1^31.  He  is  authorized  to  decide,  upon  principles  of 
equity  and  justice  as  recognized  in  courts  of  equity,  and  in 
accordance  with  regulations  to  be  settled,  consistently  with 
such  principles,  by  the  Secretary  of  the  Interior,  the  Attor- 
ney-Greneral,  and  the  Commissioner  conjointly,  all  cases  of 
suspended  entries  of  public  lands  and  of  suspended  pre- 
emption land  claims,  and  to  adjudge  in  what  cases  patents 
shall  issue  upon  the  same.  (E.  S.,  §  2450  ;  act  February  27, 
1877.) 

t2S2,  He  is  required  to  report  to  Congress,  at  the  first 
session  after  any  such  adjudications  have  been  made,  a  list 
of  the  same,  under  the  classes  prescribed  by  law,  with  a 
statement  of  the  principles  upon  which  each  class  was  de- 
termined ;  also  to  arrange  his  decisions  into  two  classes, — 
the  first  class  to  embrace  all  such  cases  of  equity  as  may  be 
finally  confirmed  by  the  board,  constituted  of  the  Attorney- 
General  and  the  Secretary  of  the  Interior,  as  provided  in 
section  2451  of  the  Revised  Statutes ;  and  the  second  class 
to  embrace  all  such  cases  as  the  board  reject  and  decide  to 
be  invalid.     (K.  S.,  §§  2452,  2453.) 

1333.  He  is  empowered  to  order  into  market,  after 
due  notice  and  without  the  formality  of  a  proclamation  of 
the  President,  all  lands  of  the  second  class,  though  before 
unproclaimed  and  unoffered,  and  such  other  isolated  and 
disconnected  tracts  or  parcels  of  unoffered  lands  which  in 
his  judgment  it  would  be  proper  to  expose  to  sale  in  like 
manner.     (R.  S.,  §2455.) 

1334:.  Where  patents  have  been  already  issued  on  en- 
tries which  are  confirmed  by  the  board  of  adjudication 
before  referred  to,  the  Commissioner  of  the  Land  Office, 


438  THE   EXECUTIVE   DEPARTMENTS. 

upon  the  cancelling  of  the  outstanding  patent,  is  authorized 
to  issue  a  new  patent  on  such  confirmation  to  the  person 
who  made  the  entry,  his  heirs  or  assigns.     (R.  S.,  §  2456.) 

X2S5,  Upon  proof  by  the  authorized  agent  of  the  State, 
before  the  Commissioner  of  the  Land  Office,  that  any  of  the 
lands  purchased  by  any  person  from  the  United  States  prior 
to  March  2,  1855,  were  swamp  lands  within  the  meaning  of 
the  act  entitled  "An  act  to  enable  the  State  of  Arkansas 
and  other  States  to  reclaim  the  swamp  lands  within  their 
limits,"  approved  September  28,  1850,  it  is  provided  that 
the  purchase-money  shall  be  paid  over  to  the  State  wherein 
said  land  is  situated,  and  that  when  the  lands  have  been 
located  by  warrant  or  scrip  the  said  State  shall  be  author- 
ized to  locate  a  like  quantity  of  any  of  the  public  lands 
subject  to  entry  at  one  dollar  and  twenty-five  cents  per 
acre  or  less,  the  proper  patents  to  be  issued  therefor,  and 
the  decision  of  the  Commissioner  to  be  first  approved  by 
the  Secretary  of  the  Interior.     (R.  S.,  §  2482.) 

1930.  He  is  required  to  prepare  and  issue  regulations 
necessary  and  proper  for  the  pm-pose  of  carrying  into 
effect  the  act  of  March  13,  1877,  entitled  "  An  act  to  en- 
courage the  growth  of  timber  on  western  prairies."  ( Act 
March  13,  1877,  §  6.) 

1937.  He  is  also  authorized,  under  direction  of  the 
Secretary  of  the  Interior,  to  enforce  by  appropriate  regu- 
lations every  part  of  the  provisions  of  the  statutes  relating 
to  the  public  lands  not  otherwise  provided  for.  (R.  S.,  § 
2478.) 

1938.  The  Commissioner  is  assisted  in  his  duties  by 
the  following  divisions,  constituting,  with  their  chiefs,  the 
organization  of  his  office,  viz.: 

,  I.  The  Chief  Clerk's  Division. 

This  division  is  presided  over  by  the  Chief  Clerk  of  the 
office,  who,  in  the  absence  of  the  Commissioner  or  in  case 


THE   GENERAL   LAND   OFFICE.  439 

of  a  vacancy  in  the  office  for  a  specified  time,  is  Acting 
Commissioner.  His  actual  duty  by  law  is  to  supervise  the 
general  duties  of  the  other  clerks  of  the  office.  In  the 
organization  of  the  office  made  by  its  head,  a  division  is 
placed  under  his  immediate  charge,  designated  as  above, 
which  is  engaged  in  general  correspondence,  copying,  and 
in  the  transaction  of  general  routine  business. 

n.  The  Recorder's  Division. 

1^39.  This  division  has  placed  at  its  head  the  Re- 
corder of  the  General  Land  Office,  an  officer  provided  for 
by  law.  His  duties,  as  defined  by  statute,  are  to  certify 
and  affix  the  seal  of  the  office  to  all  patents  for  public 
lands,  and  to  attend  to  the  correct  engrossing,  recording, 
and  transmission  of  such  patents,  to  prepare  alphabetical 
indexes  of  the  names  of  patentees  and  of  persons  entitled 
to  patents,  and  to  prepare  such  copies  and  exemplifications 
of  matters  on  file  or  of  record  in  the  office  as  the  Com- 
missioner may  from  time  to  time  direct.  In  addition  to 
this,  it  is  his  duty  to  countersign  all  patents  for  lands 
issued  from  the  office.  It  is  made  his  duty,  in  the  organi- 
zation of  the  office,  to  keep  files  of  all  original  papers 
forming  the  basis  of  patents  issued ;  also  of  all  patents 
undelivered  or  uncalled  for.  In  this  division  all  patents 
are  recorded  in  large  volumes,  and  the  muniments  of  title 
on  which  these  patents  are  founded  are  systematically  filed 
and  arranged  by  States,  land  districts,  and  numbers.     » 

III.  The  Public  Land  Division. 

1940.  This  division  has  for  its  head  the  Principal  Clerk 
of  Public  Lands,  an  officer  named  and  constituted  specifi- 
cally in  the  law  organizing  the  office.  His  duties,  however, 
are  left  to  assignment  by  the  Commissioner.  In  the  per- 
formance of  these,  he  and  the  division  imder  his  direction 


440  THE  EXECUTIVE  DEPARTMENTS. 

have  charge  of  the  preliminary  business  connected  with 
the  disposal  of  public  lands  after  survey,  as  distinguished 
from  the  lands  covered  by  private  land  claims.  In  this 
division,  as  soon  as  surveys  are  made  tract  books  are  open, 
in  which  the  smallest  legal  subdivision  established  by  the 
sm-veys  and  the  areas  thereof  are  noted.  In  these  books 
are  noted  also  all  private  claims,  reservations,  pre-emptions, 
and  homestead  filings;  also  all  cash  and  other  entries, 
selections  by  States,  under  the  act  of  September  4,  1841, 
granting  lands  for  internal  improvements  by  corporations 
under  Congressional  grants  for  various  educational  pur- 
poses ;  also  all  entries  and  locations  of  the  various  species 
of  land  scrip.  It  devolves  upon  this  division  likewise  to 
examine  the  greater  portion  of  these  entries  and  loca- 
tions, with  regard  to  the  regularity  of  the  papers  and  the 
sufficiency  of  the  proof,  to  see  that  any  errors  therein  are 
rectified.  To  this  end  it  prepares  and  sends  out  the  neces- 
sary correspondence,  meantime  holding  the  cases  in  sus- 
pension, and  where  they  are  in  proper  condition  for  final 
action  it  approves  the  same  for  patenting  or  holds  them 
for  cancellation.  This  division  also  passes  upon  numer- 
ous contested  cases,  receives  and  submits  appeals  to  the 
head  of  the  department,  and  communicates  the  results  to 
the  proper  officials  and  the  persons  concerned.  In  this 
division  also  are  adjudicated,  on  principles  of  equity  and 
justice,  according  to  the  provisions  of  sections  2450  and 
2457  of  the  statutes,  all  suspended  entries  of  public  lands. 
These  adjudications  are  submitted  to  a  board,  consisting  of 
the  Secretary  of  the  Interior  and  Attorney-Greneral,  for  con- 
firmation. It  also  attends  to  much  miscellaneous  business, 
such  as  the  work  necessary  for  the  disposal  of  abandoned 
reservations  under  special  acts  of  Congress,  or  for  giving 
effect  to  acts  passed  for  the  benefit  of  private  parties  hav- 
ing rights  to  be  adjusted  in  regard  to  public  lands,  or  for 


THE   GENERAL   LAND   OFFICE.  441 

restoring  to  market,  lands  withdrawn  from  time  to  time  for 
various  causes. 

1S4:1.  Circular  instructions  to  the  district  land  offices, 
bringing  lands  into  market  under  special  or  general  laws, 
issue  from  this  division.  The  division  also  prepares  reports 
for  the  Commissioner  on  various  subjects  relating  to  official 
business  called  for  by  the  head  of  the  department  or  by 
Congress,  and  it  performs  miscellaneous  duties  of  like 
character.  It  is  a  division  of  general  duties  and  sources  of 
information  regarding  lands. 

IV.  The  Division  of  Private  Land  Claims. 

12^2,  This  division  is  in  charge  of  the  Principal  Clerk 
of  Private  Land  Claims.  The  business  transacted  relates 
to  the  examination,  adjudication  of  and  final  action  in  all 
claims  based  upon  British,  French,  Spanish,  and  Mexican 
titles,  recognized  and  protected  by  acts  of  Congress  or  by 
treaty  stipulations,  which  in  the  main  lie  withtn  the  territory 
acquired  from  foreign  powers. 

194:3.  In  this  division  also  all  locations  of  lands  are 
passed  upon  which  are  authorized  by  Congi-ess  in  lieu  of 
lands  injured  by  earthquakes  in  the  county  of  New  Madrid, 
Missouri. 

194:4:.  This  division  is  also  charged  with  the  adjust- 
ment of  donation  and  mission  claims  in  the  State  of  Oregon 
and  Territory  of  New  Mexico,  and  of  donation  claims  in 
the  Territory  of  New  Mexico. 

1945.  It  has  likewise  the  charge  of  the  examination  of 
allotments  under  treaty  provisions  to  the  Indians ;  also  of 
the  preparation  and  examination  of  scrip  issued  in  accord- 
ance with  law  in  lieu  of  certain  unsatisfied  private  claims. 

Y.  The  Dia^ision  of  Public  Surveys. 

1946.  This  division  is  in  charge  of  the  Principal  Clerk 
of  Surveys.     It  is  charged  with  the  supervision  of  all  work 


442  THE   EXECUTIVE   DEPARTMENTS. 

relating  to  the  survey  of  public  lands.  It  prepares  instruc- 
tions to  the  Surveyors-Greneral  relative  to  the  extension  of 
surveys  or  the  examination  and  correction  of  erroneous 
surveys. 

1247.  In  this  division  all  contracts  for  surveys  of  the 
public  lands  are  examined,  passed  upon,  adjusted,  and  sub- 
mitted to  the  Treasury  Department  for  payment.  All  re- 
turns of  surveys  are  referred  to  this  division  for  examina- 
tion as  to  correctness,  and  on  approval  are  filed  therein. 

124:8.  It  has  charge  also  of  all  records  and  correspond- 
ence relating  to  Indian,  military,  light-house,  live-oak,  and 
other  reservations. 

1240.  To  this  division  is  also  referred  matters  per- 
taining to  the  establishment  of  boundary  lines,  by  astro- 
nomical surveys,  between  States  and  Territories  of  the 
United  States ;  also  to  surveys  of  Indian  lands,  abandoned 
military  reservations,  &c. 

IS'^0.  The  plats  and  field-notes  of  all  surveys  are 
retained  on  the  files  of  this  division,  in  charge  of  a  princi- 
pal draughtsman,  who  supervises  all  work  of  draughting  or 
copying  plats  of  surveys,  and  who  compiles  and  prepares 
the  official  land  map  of  the  United  States.  The  duties 
pertaining  to  this  section,  known  as  the  Draughting  Divis- 
ion, embrace  the  construction  of  lateral  limits  of  railroad 
withdrawals  over  lines  of  public  survey  ;  all  calculations  of 
area  and  protraction  of  surveys  ;  copying  of  plats,  tracings, 
and  diagrams  for  the  different  divisions  of  the  office. 

VI.  The  Division  of  Railroads. 

12^1.  This  division  is  charged  with  the  adjustment  of 
grants,  by  Congressional  legislation,  of  lands  for  railroad 
purposes,  for  canals,  wagon  roads,  and  other  internal  im- 
provements ;  also  with  matters  relating  to  the  execution 
of  laws  giving  the  right  of  way  through  the  public  lands. 


THE  GENERAL  LAND  OFFICE.  443 


VII.  The  Pre-emption  Division. 

13o9.  This  division  has  charge  of  entries  made  under 
the  pre-emption  and  town-site  laws ;  also  of  sales  of  Osage 
Indian  trust  and  diminished  reserve  lands,  and  of  claims  of 
parties  who  purchased  from  Mexican  grantees  or  assigns ; 
also  of  lands  within  grants  subsequently  rejected,  or  which 
were  excluded  from  final  sm'vey  of  confirmed  grants.  It 
also  has  charge  of  conflicting  claims  between  claimants  of 
that  character  and  others. 

VIII.  The  MiiiiTABY  Warrant  Division. 

1353.  To  this  division  are  finally  referred  for  exami- 
nation and  proper  action  the  papers  in  locations  made  in 
satisfaction  of  military  bounty  land  warrants  issued  by 
authority  of  various  acts  of  Congress.  Similar  reference 
is  made  as  regards  locations  made  upon  agricultural-college 
scrip  and  the  special  scrip  issued  to  the  representatives  of 
Porterfield  by  act  of  April  11,  1860. 

This  division  examines  as  to  the  genuineness  and  regu- 
larity of  assignments  of  land  warrants  and  scrip  submitted 
for  official  ap'proval.  It  also  prepares  all  revolutionary 
bounty  land  scrip ;  also  all  patents  for  lands  in  the  Vir- 
ginia military  district  of  Ohio. 

IX.  The  SwAMP-iiAND  Division. 

1^54.  This  division  has  charge  of  the  correspondence, 
records,  and  other  matters  pertaining  to  the  adjustment  of 
the  grants  of  swamp  and  overflowed  lands  to  the  several 
States  within  their  respective  limits,  and,  in  connection 
with  the  following-named  division,  of  matters  pertaining 
to  the  execution  of  the  act  of  March  2,  1855,  granting 
indemnity  to  the  States  for  swamp  lands  disposed  of  by 
the  United  States  after  the  passage  of  the  swamp-land 
grant  act. 


444  THE   EXECUTIVE   DEPARTMENTS. 


X.  The  Division  op  Accounts. 

1255.  To  this  division  are  first  referred  all  j-eturns 
made  by  registers  and  receivers  of  the  business  of  the  dis- 
trict land  offices.  The  various  dispositions  of  the  public 
lands  are  here  classified,  and  the  quarterly  accounts  of  the 
receivers  of  the  land  office  are  examined  and  adjusted. 

19^6.  Accounts  are  also  here  adjusted  and  kept  of  the 
five  per  cent,  fund  accruing  to  the  States  upon  the  sales  of 
the  public  lands  within  their  respective  limits ;  also  of  the 
receipt  and  expenditures  of  moneys  collected  from  depre- 
dators upon  the  public  timber ;  and  of  the  sale  of  Osage 
and  other  Indian  lands. 

19^7.  All  applications  for  repayments  of  moneys  re- 
ceived for  lands  to  which  title  cannot  be  given  are  here 
examined,  and  likewise  applications  for  changing  the  entry 
of  lands  erroneously  purchased. 

1.25S.  This  division  audits  also  claims  for  swamp-land 
indemnity  due  the  several  States  under  act  of  March  2, 
1855. 

l^^O.  In  this  division  is  kept  a  classified  statement  of 
the  public  lands  disposed  of  for  cash,  homestead  settlement, 
and  of  all  disposals  of  public  lands. 

The  accounts  here  adjusted  may  be  recapitulated  as  fol- 
low, viz.: 

Repayment  accounts  for  lands  erroneously  sold. 

Receivers'  quarterly  accounts. 

Accounts  of  receivers  acting  as  disbm-sing  agents. 

The  five  per  cent,  accounts  of  the  States. 

Timber  agents'  accounts. 

State  accounts  for  swamp-land  indemnity. 

All  these  accounts  receive  careful  scrutiny.  The  balances 
are  stated  and  certified  to  the  First  Comptroller  of  the 
Treasury  for  final  revision. 


THE  GENERAL  LAND  OFFICE.         445 

XI.  The  Division  of  Mineral  Claims. 

1360.  The  work  of  this  division  relates  to  mineral 
lands.  It  has  in  charge  the  examination  and  final  disposi- 
tion of  applications  for  patents  for  mining  claims  and  coal 
lands,  and  the  adjudication  of  contests  growing  out  of  such 
applications. 

It  has  charge  also  of  contests  between  agricultural  and 
mineral  claimants. 


446  THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  XXVI. 

THE  COMMISSIONER  OF  INDIAN  AFFAIRS. 

1361.  Upon  the  Commissioner  of  Indian  Affairs,  under 
the  direction  of  the  Secretary  of  the  Interior  and  agreeably 
to  such  regulations  as  the  President  may  prescribe,  devolves 
the  management  of  all  Indian  affairs  and  of  all  matters  aris- 
ing out  of  Indian  relations.     (R.  S.,  §  463.) 

1S63.  He  is  required  to  make  an  administrative  exami- 
nation of  all  accounts  and  vouchers  for  claims  and  disburse- 
ments connected  with  Indian  affairs  which  may  be  trans- 
mitted to  him  for  that  purpose,  and  to  transmit  the  same 
to  the  proper  accounting  officer  of  the  Treasury  Depart- 
ment for  settlement. 

1363.  He  is  required  to  report  annually  to  Congress  a 
tabular  statement,  which  shall  exhibit  distinctly  the  separate 
objects  of  expenditure  under  his  supervision,  the  amount 
disbursed  for  each  object,  the  articles  and  the  quantity  of 
each,  the  name  of  each  person  to  whom  any  part  was  paid, 
and  the  sum  paid  to  him,  so  far  as  these  expenditures  relate 
to  the  disbursement  of  moneys  appropriated  for  incidental, 
contingent,  and  miscellaneous  expenses  of  the  Indian  serv- 
ice for  the  fiscal  year  next  preceding  each  report.  He  is 
required  to  embody  in  that  statement  the  reports  of  all 
agents  or  commissioners  issuing  food,  clothing,  or  supplies 
of  any  kind  to  Indians,  and  to  state  the  number  of  Indians 
present  and  actually  receiving  the  same.  (R.  S.,  §§  468, 
469.) 

He  is  required  also  to  report  a  detailed  and  tabular 
statement  of  all  proposals  for  Indian  supplies  and  services. 


INDIAN  AFFAIRS.  447 

also  of  all  contracts  awarded.  (Act  August  15, 1876,  Stats. 
19,  p.  177.) 

1304.  All  merchandise  required  at  the  making  of  any 
Indian  treaty  may  be  purchased  by  the  Commissioner  of 
Indian  Affairs  through  such  person  as  he  may  appoint. 
(R.  S.,  §  2083.) 

12&5,  The  Commissioner,  together  with  the  Secretary 
of  the  Interior,  is  authorized,  on  a  sworn  statement  filed 
with  the  former,  to  determine  whether  an  agent  or  attorney 
seeking  pay  for  services  under  a  contract  or  agreement 
with  a  tribe  of  Indians,  or  with  individual  Indians,  has 
complied  with  or  fulfilled  that  contract  or  agreement.  (R. 
S.,  §  2103.) 

Iti^GG.  The  consent  of  the  Commissioner,  as  well  as  of 
the  Secretary  of  the  Interior,  is  required  to  be  indorsed  on 
an  assignment  of  any  contract  made  with  the  Indians  under 
section  2103  of  the  Revised  Statutes,  in  order  to  render 
such  assignment  valid.     (R.  S.,  §  2106.) 

1337.  It  is  within  the  province  of  the  Commissioner 
of  Indian  Affairs  to  approve  or  disapprove  the  granting  or 
revocation  of  a  license  given  by  a  superintendent  of  Indian 
affairs,  Indian  agent,  or  sub-agent  to  any  person  to  trade 
with  the  Indians.     (R.  S.,  §  2131.) 

1368.  He  is  authorized  and  required,  with  the  ap- 
proval of  the  Secretary  of  the  Interior,  to  remove  from 
any  tribal  reservation  any  person  who  may  be  therein 
without  authority  of  law,  or  whose  presence  may  be  detri- 
mental in  his  judgment  to  the  peace  and  welfare  of  the 
Indians  ;  and  he  may  employ  for  the  purpose  such  force  as 
may  be  necessary  to  enable  the  agent  to  effect  the  removal  of 
such  person.  (R.  S.,  §  2149.)  And  he  is  required  to  report 
to  Congress  at  each  session  any  case  of  hostilities,  by  any 
tribe  with  which  the  United  States  has  treaty  stipulations, 
occurring  since  his  next  preceding  report.  (R.  S.,  §  2100.) 
•     1309.  The  Commissioner  of  Indian  Affairs  exercises 


448  THE   EXECUTIVE  DEPARTMENTS. 

by  authority  of  law  a  supervision  of  contracts  made  by 
private  parties  with  Indian  tribes  or  individual  Indians, 
and  of  the  assignment  of  the  same,  in  order  to  secure  the 
Indians  against  fraud,  injustice,  and  exorbitant  demands. 
(R.  S.,  §§  2103, 2105, 2106  ;  act  April  29, 1874,  Stat.  18,  p.  35.) 

ISTOa  He  has  the  sole  power  by  law  to  appoint  traders 
to  the  Indian  tribes,  and  is  authorized  to  make  such  rules  as 
he  may  deem  just  and  proper,  specifying  the  kind  and  quan- 
tity of  goods  to  be  sold  the  Indians  and  the  prices  at  which 
the  same  may  be  purchased  by  them.  (Act  August  1^, 
1876,  Stats.  19,  p.  200.) 

He  is  required  to  advertise  for  all  supplies,  except  that 
the  purchase  of  supplies  for  a  period  of  sixty  days  may 
be  made  in  open  market,  also  in  case  of  exigency,  to  an 
amount  not  exceeding  two  thousand  dollars  at  one  time. 
(Act  August  15,  1876,  Stats.  19,  p.  200.) 

The  Office  op  Indian  Affairs. 

1071.  This  office  originated  in  the  act  of  July  9,  1832, 
which  provided  for  a  Commissioner,  to  be  under  the  con- 
trol of  the  Secretary  of  War.  Subsequently  that  officer  was 
transferred  to  the  Department  of  the  Interior  by  the  act  of 
1849  creating  that  department. 

Subordinate  to  the  head  of  the  office  is  the  Chief  Clerk, 
who  has  general  supervision  of  the  business,  and  next  to 
him  are  the  several  clerks  of  the  different  classes,  as  pro- 
vided for  annually  in  the  appropriation  acts  of  Congress. 

1972.  As  now  organized  the  Indian  Office  consists  of 
the  following-named  divisions,  in  charge  of  clerks  desig- 
nated as  chiefs,  viz.: 

1.  Finance. 

2.  Accounts. 

3.  Land. 

4.  Civilization  and  Education. 

5.  Records  and  Files. 


THE   OFFICE   OF   INDIAN   AFFAIRS.  449 

I.  The  Finance  Division. 

1373.  This  division,  as  its  name  implies,  has  charge  of 
the  financial  affairs  of  the  Indian  service.  It  considers  all 
questions  relating  to  contracts  for  supplies  and  annuity 
goods  to  be  furnished  the  Indians,  and  for  the  transporta- 
tion of  the  same.  It  remits  funds  to  the  disbursing  officers 
of  the  Indian  service,  settles  all  special  claims  for  supplies, 
makes  payment  for  the  same,  and  carries  on  all  the  corre- 
spondence of  the  office  relating  to  goods,  supplies,  Sec.  All 
contracts,  after  execution  according  to  the  forrjis  of  law, 
are  forw^arded  to  the  Board  of  Indian  Commissioners  for 
their  approval ;  then  to  the  Secretary  of  the  Interior,  and 
on  his  approval  to  the  office  of  the  Second  Comptroller  to 
be  filed.  All  accounts  of  contractors  and  claims  for  sup- 
plies, &c.,  after  settlement  in  this  division  are  likewise  for- 
warded to  that  board,  after  receiving  the  approval  of  the 
head  of  the  office,  and  thence  to  the  Secretary  of  the  Inte- 
rior, and  on  his  approval  to  the  Second  Auditor  for  adjust- 
ment. After  revision  by  the  Second  Comptroller,  who  cer- 
tifies the  balance  due,  a  requisition  goes  from  this  division 
to  the  Secretary  of  the  Interior,  and  one  from  the  latter 
to  the  Secretary  of  the  Treasury,  for  the  payment  of  the 
amount. 

II.  The  Division  of  Accounts. 

iS74.  This  division  has  charge  of  all  cash  and  prop- 
erty accounts  of  Indian  agents  and  other  diisbursing  officers 
of  the  Indian  service.  It  makes  an  administrative  exami- 
nation of  the  same  preparatory  to  their  final  adjustment  by 
the  Second  Auditor  and  Second  Comptroller  of  the  Treas- 
ury. It  determines  all  questions  relative  to,  the  quantity 
and  distribution  of  supplies,  and  has  supervision  of  alt 
employees  at  the  various  Indian  agencies.  The  same 
course  is  taken  by  these  accounts  as  by  those  referred  ta 
29 


450  THE   EXECUTIVE   DEPARTMENTS. 

in  the  preceding  section,  except  that  instead  of  the  issuing 
of  the  requisition  the  proper  credits  are  entered  to  the 
account  of  the  officer  on  the  books  of  the  division.  In  the 
exercise  of  its  supervision  over  the  employees  of  the  Indian 
agencies,  this  division  keeps  a  record  of  the  entire  force, 
notes  all  changes  as  they  occur  in  the  same,  and  conducts 
the  correspondence  of  the  office  relative  thereto. 

III.  The  Land  Division. 

IS  75.  This  division  has  charge  of  all  questions  arising 
out  of  or  connected  with  the  control  and  disposition  of 
Indian  lands,  the  establishment  or  enlargement  of  Indian 
reservations  by  Executive  order.  It  is  also  the  law  division 
of  the  Indian  office.  It  considers  the  tenures,  rights, 
claims,  and  controversies  growing  out  of  Indian  titles,  and 
divers  questions  growing  out  of  the  occupancy  of  land  and 
the  conditions  imposed  by  acts  of  Congress  and  treaty 
stipulations  ;  all  questions  relating  to  the  selection  of  res- 
ervations, changes  of  boundaries,  increase  or  diminution  of 
the  areas  thereof,  discontinuance  of  the  same,  removal  of 
Indians,  and  the  consolidation  of  different  bands  or  tribes. 
It  is  charged  with  the  custody  of  duplicate  plats  and  field- 
note  records  of  the  surveyed  Indian  reservations,  and  of 
complete  tract  books  of  all  such  surveyed  lands ;  also  of 
all  records,  files,  diagrams,  treaties,  documents,  and  papers 
of  every  character  relating  to  Indian  lands,  and  with  the 
labor  of  furnishing  exemplifications  of  the  same  to  proper 
applicants  for  legitimate  purposes. 

IV.  The  Civilization  Division. 

1276.  This  division  has  charge  of  matters  pertaining 
to  the  advancement  of  Indians  in  civilized  pursuits ;  their 
educational  interests  and  sanitary  condition ;  all  matters  of 
schools  on  Indian  reservations,  the  funds  for  the  support  of 


THE   OFFICE   OF   INDIAN  AFFAIRS.  451 

which  are  disbursed  by  direction  of  the  Indian  Office.  It 
receives  monthly  reports  from  the  numerous  schools  on 
these  reservations,  which  are  registered  and  tabulated  in  a 
book  kept  in  the  division  for  the  purpose.  It  prepares  and 
revises  contracts  for  carrying  on  many  of  the  schools,  and 
transacts  business  relative  thereto,  involving  correspond- 
ence with  the  officers  of  the  bureau  and  with  agents  and 
religious  bodies  to  whom  the  educational  and  religious 
work  of  the  respective  agencies  is  assigned  relative  to  the 
appointment  of  proper  teachers,  the  supplies  of  school 
books  and  furniture,  and  to  the  best  means  of  promoting 
the  efficiency  of  the  schools. 

13 TT.  This  division  also  receives  monthly  reports  from 
agencies  where  physicians  are  employed,  and  takes  proper 
action.  It  also  concerns  itself  with  the  estimates  from 
various  agencies  of  the  medicines  required,  and  prepares 
all  necessary  blanks  and  papers  for  the  annual  purchase  of 
medical  supplies. 

This  division  has  charge  also  of  matters  pertaining  to 
depredations  committed  by  the  Indians ;  to  the  appoint- 
ment of  and  issue  of  instructions  to  superintendents,  agents, 
and  inspectors ;  the  examination  and  approval  of  their  offi- 
cial bonds ;  the  record  of  the  same,  and  to  their  transmissal 
to  the  Second  Comptroller.  It  keeps  a  record  of  claims  for 
depredations  committed  by  Indians  against  whites  and  by 
whites  against  Indians,  and  transacts  the  business  relativej 
to  such  claims. 

It  has  also  supervision  of  trade  with  the  Indians,  and  is= 
charged  with  the  issuing  of  licenses  to  Indian  traders  in 
accordance  with  the  act  of  August  15,  1876,  giving  the 
Secretary  of  the  Interior  sole  authority  to  issue  such  licenses. 
It  keeps  a  record  of  such  licenses  and  of  the  bonds  executed 
by  traders. 

It  conducts  the  correspondence  of  the  office  relative  to 


452  THE  EXECUTIVE  DEPABTMENTB. 

the  conduct  of  the  Indians,  their  welfare  and  progress ;  in 
regard  to  the  interferences  by  white  men,  or  to  the  viola- 
tions of  the  non-intercourse  laws ;  to  the  removal  and  pun- 
ishment of  intruders  ;  the  discipline  of  refractory  Indians  ; 
the  establishment  of  new  agencies ;  the  removal  of  Indians, 
and  to  investigations  involving  charges  against  Indian 
agents. 

V.  The  Division  of  Records  and  Files. 

1378.  This  division  has  custody  of  the  records  and  files 
of  the  office,  excepting  those  pertaining  to  the  Land  Divis- 
ion thereof.  The  records  consist  of  yearly  report  books ; 
yearly  "letter  books,"  in  which  are  recorded  all  outgoing 
correspondence  ;  a  register  of  letters  received ;  a  record  of 
claims  and  contracts ;  a  yearly  abstract  of  letters  sent.  The 
files  of  the  office  are  appropriately  arranged  by  names  of 
agencies,  superintendents,  and  localities,  by  dates ;  and  these 
file-marks  agree  in  every  particular  with  the  registers  kept 
)ii  this  division. 


THE   COMMISSIONER   OF   PENSIONS.  453 


CHAPTER  XXTII. 

THE  COMMISSIONER  OF  PENSIONS. 

1379.  This  officer  was  first  provided  for  by  act  of  March 
2, 1833.  His  office  was,  however,  but  of  a  temporary  nature, 
and  was  continued  from  time  to  time  by  various  acts  until 
the  act  of  January  19,  1849,  made  it  perpetual.  By  act  of 
March  3, 1849,  it  was  transferred  from  the  War  Department 
to  the  Department  of  the  Interior. 

1380.  He  is  required  to  perform,  under  the  direction  of 
the  Secretary  of  the  Interior,  such  duties  in  the  execution 
of  the  various  pension  and  bounty  land  laws  as  may  be  pre- 
scribed by  the  President.     (R.  S.,  §  471,) 

1381.  He  is  authorized,  with  the  approval  of  the  Secre- 
tary of  the  Interior,  to  appoint  a  person  to  sign  his  name  to 
certificates  or  warrants  for  bounty  lands.     (R.  S.,  §  473.) 

1383.  Also  to  detail  from  time  to  time  any  of  the  clerks 
of  his  office  to  investigate  suspected  attempts  to  defraud  the 
United  States  in  or  affecting  the  administration  of  any  law 
relative  to  pensions,  and  to  aid  in  prosecuting  any  person 
implicated.  The  clerks  so  detailed  may  administer  oaths 
in  the  course  of  their  investigation.     (R.  S.,  §§  474,  4744.) 

1383.  Where  no  record  evidence  exists  of  the  military 
service  for  which  a  bounty  land  warrant  is  claimed,  parol 
evidence  may  be  admitted  to  prove  the  same,  under  such 
regulations  as  the  Commissioner  of  Pensions  may  prescribe. 
(R.  S.,  §  2431.) 

138  Jr.  He  is  empowered  to  review  the  evidence  upon 
which  a  bounty  land  warrant  was  issued,  and  when  not  satis- 
fied he  may  require  additional  proof  as  to  the  time  and  fact 


454  THE   EXECUTIVE   DEPARTMENTS. 

of  service,  in  cases  where  such  warrant  is  presented  as  evi- 
dence of  the  person's  right  to  an  increase  in  the  quantity 
of  land  to  make  up  the  full  quantity  of  one  hundred  and 
sixty  acres  to  which  the  applicant  may  be  entitled.  He  has 
the  like  power  of  review  when  the  fact  of  the  issue  of  a  pen- 
sion is  submitted  as  evidence  entitling  the  applicant  to  a 
bounty  land  warrant.     (R.  S.,  §§  2432,  2435.) 

1385.  The  certificate  of  an  examining  surgeon  or  of  a 
board  of  examining  surgeons,  in  all  cases  of  pensions  claim- 
ed for  disabilities,  is  made  by  law  subject  to  the  approval 
of  the  Commissioner.     (R.  S.,  §  4698 J.) 

1386.  The  Commissioner  is  empowered  to  designate,  in 
localities  more  than  twenty-five  miles  distant  from  any  place 
at  which  a  court  of  record  is  holden,  persons,  duly  qualified 
to  administer  oaths,  before  whom  declarations  of  claimants 
for  pensions  may  be  made  and  testimony  may  be  taken. 
And  he  may  accept  declarations  of  claimants  residing  in 
foreign  countries  made  before  a  United  States  minister  or 
consul,  or  before  some  officer  of  the  country  duly  author- 
ized to  administer  oaths,  whose  official  character  and  sig- 
nature shall  be  authenticated  by  the  certificate  of  a  United 
States  minister  or  consul ;  also  declarations  in  claims  of 
Indians  made  before  a  United  States  agent,  and  declara- 
tions in  claims  for  pensions  because  of  services  in  the  war 
of  1812,  made  before  an  officer  duly  authorized  to  admin- 
ister oaths  for  general  purposes,  when  the  applicant,  by 
reason  of  infirmity  or  old  age,  is  unable  to  travel.  (R.  S., 
§  4714.) 

1287,  He  is  empowered  to  suspend  payment  of  a  pen- 
sion granted  by  any  special  act  of  Congress,  until  the  pro- 
priety of  repealing  the  same  can  be  considered  by  that 
body,  when  he  is  satisfied  upon  evidence  that  fraud  was 
perpetrated  in  obtaining  such  special  act.     (R.  S.,  §  4720.) 

1388.  He  is  required,  when  application  is  made  to  him 


THE   COMMISSIONER   OF   PENSIONS.  455 

by  any  claimant  for  pension,  bounty  land,  or  other  allow- 
ance required  to  be  adjusted  or  paid  by  the  Pension  Office, 
to  furnish  such  person,  free  of  charge  or  expense,  all  such 
printed  instructions  and  forms  as  may  be  necessary  in 
establishing  and  obtaining  his  claim.  On  the  issuing  of  a 
certificate  of  pension  or  of  a  bounty  land  warrant,  he  is 
required  to  notify  the  claimant,  and  also  the  agent  or  attor- 
ney in  the  case,  if  there  be  one,  that  such  certificate  has 
been  issued  or  that  his  allowance  has  been  made,  and  to 
state  in  the  notice  the  date  and  amount  of  such  allowance. 
(R.  S.,  §  4748.) 

1^80.  It  is  his  duty  to  foi*ward  the  certificate  of  a  pen- 
sion granted  in  any  case  to  the  agent  for  paying  pensions 
where  such  certificate  is  made  payable,  and  at  the  same 
time  to  forward  therewith  one  of  the  articles  of  agreement 
filed  in  the  case  and  approved  by  the  Commissioner,  setting 
forth  the  fee  agreed  upon  between  the  claimant  and  the 
attorney  or  agent.  Where  no  agreement  is  on  file,  he  is 
required  to  direct  that  a  fee  of  ten  dollars  only  be  paid. 
(R.  S.,  §  4768.) 

l^OO.  By  act  of  June  20,  1878,  (Stats.  20,  p.  243,)  the 
foregoing  provision  is  not  to  apply  to  any  claim  thereafter 
filed,  nor  to  any  pending  case  in  which  the  claimant  has 
not  been  represented  by  attorney  prior  to  the  passage  of 
this  act.  The  same  act  makes  it  unlawful  for  any  attorney 
or  other  person  to  demand  or  receive  for  services  in  a  pen- 
sion case  a  greater  fee  than  ten  dollars,  and  prohibits  the 
filing  of  any  fee  contract  thereafter  with  the  Commissioner 
of  Pensions. 

1^91.  He  is  authorized  to  cause,  as  frequently  as  he 
may  deem  proper,  examinations  to  be  made  by  examining 
surgeons  of  invalid  pensioners,  in  order  to  ascertain  the 
degree  or  continuance  of  the  disability.     (R.  S.,  §  4772.) 

i^'B2,  He  is  authorized  to  organize,  in  his  discretion, 


45f)  THE  EXECUTIVE  DEPARTMENTS. 


boards  of  examining  surgeons,  whose  members  are  not  to 
exceed  three  in  number,  and  to  issue  his  certificate  of  their 
examinations,  whereon  they  shall  receive  their  fees  as  pro- 
vided by  law.  And  he  may  require  such  examining  sur- 
geons, or  others  employed  in  the  Pension  Office  from 
time  to  time,  to  make  special  examinations  of  pensioners 
or  applicants  for  pensions.  When  injustice  is  alleged  to 
have  been  done  by  an  examination  so  ordered,  the  Com- 
missioner may,  at  his  discretion,  select  a  board  of  three 
duly-appointed  examining  surgeons,  to  meet  at  a  place 
designated  by  him,  and  to  review  such  cases  as  may  be 
ordered  before  them  on  appeal  from  any  special  examina- 
tion. Their  decision  is  to  be  final,  provided  the  Commis- 
sioner approves  the  same.     (R.  S.,  §§  4774,  4775.) 

12BS,  He  has  control  and  direction  of  the  duly-qualified 
surgeon  which  the  Secretary  of  the  Interior  is  authorized 
to  appoint  as  medical  referee.     (R.  S.,  §  4776.) 

l^OJ:.  The  Commissioner  is  empowered  to  appoint,  at 
his  discretion,  civil  surgeons  to  make  the  periodical  exami- 
nations of  invalid  pensioners  which  are  required  by  law, 
and  to  examine  applicants  for  invalid  pensions  where  he 
deems  such  an  examination  necessary.     (R.  S.,  §  4777.) 

1^95,  He  is  required  to  cause  to  be  paid  to  such  sol- 
diers as  the  Surgeon-General  of  the  Army  may  certify  as 
electing  to  receive  money  computation  instead  of  limbs  or 
apparatus,  the  amount  so  certified  to  be  due  to  each,  in 
the  same  manner  as  pensions  are  paid.     (R.  S.,  §  4789.) 

The  Pension  Office. 

1^90.  In  this  office  are  received  and  'adjusted  all 
claims  of  parties  entitled  under  various  laws  to  pensions 
by  reason  of  military  service  performed  for  the  United 
States.  It  prepares  and  revises  the  lists  of  pensioners; 
directs  all  examinations  of  pensioners  entitled  to  or  claim- 


THE   PERSONS    ENTITLED   TO    PENSIONS.  457 

ing  invalid  pensions ;  exercises  control  and  supervision 
over  all  surgeons  appointed  to  make  the  biennial  examina- 
tions required  by  law,  as  well  as  the  special  examinations 
ordered  by  the  Commissioner ;  directs  the  payment,  through 
the  numerous  pension  agents,  of  pensioners  scattered  in  all 
parts  of  the  country ;  makes  the  preliminary  examination 
of  all  accounts  of  such  agents ;  and  is  charged  with  and 
undertakes  generally  all  the  details  of  business  required  to 
give  effect  to  the  beneficent  system  established  by  a  grate- 
ful nation  for  the  dependent,  afflicted,  and  unfortunate 
among  its  defenders  and  their  representatives. 

The  Persons  who  are  Entitled  to  Pensions. 

1^97.  The  persons  who  are  entitled  as  beneficiaries 
under  the  pension  laws  are  of  the  following  classes : 

Invalid  Pensioners. 

Persons  described  in  the  several  classes  hereinafter 
enumerated  who  have  been,  since  March  4,  1861,  disabled 
under  the  conditions  stated,  upon  making  the  required 
proof  may  be  placed  on  the  list  of  invalid  pensioners,  and 
be  entitled  to  receive  the  pension  provided  by  law  accord- 
ing to  rank  and  to  the  nature  of  the  disability,  whether  a 
total  or  a  permanent  specific,  or  other  proportionate  disa- 
bility, viz.: 

1.  Any  officer  of  the  army,  navy,  or  marine  corps,  or  any 
enlisted  man  however  employed  in  the  military,  naval  serv- 
ice, or  marine  corps,  disabled  by  reason  of  a  wound  or  in- 
jury received  or  disease  contracted  in  the  line  of  duty  in 
the  service  of  the  United  States. 

2.  Any  master  serving  on  a  gun-boat,  or  any  pilot,  engi- 
neer, sailor,  or  other  person  not  regularly  mustered,  serving 
on  any  gun-boat  or  war  vessel  of  the  United  States,  disabled 
by  any  wound  or  injury  received,  or  otherwise  incapacitated. 


458  THE   EXECUTIVE   DEPARTMENTS. 

while  in  the  line  of  his  duty,  from  procuring  his  subsistence 
by  manual  labor. 

3.  Any  person  serving  for  the  time  being  in  the  militia 
of  a  State,  under  orders  of  a  United  States  officer,  or  who 
volunteered  for  the  time  being  to  serve  with  any  regularly- 
organized  military  or  naval  force  of  the  United  States,  or 
who  otherwise  volunteered  and  rendered  service  in  any  en- 
gagement with  rebels  or  Indians,  disabled  by  reason  of 
wounds  or  injuries  received  in  the  line  of  duty ;  provided 
that  the  claim  shall  be  prosecuted  to  a  successful  issue  prior 
to  July  4,  1874. 

4.  Any  acting  assistant  or  contract  surgeon  disabled  by 
any  wound  or  injury  received  or  disease  contracted  in  the 
line  of  duty,  while  actually  performing  the  duties  of  assist- 
ant or  acting  assistant  surgeon  with  a  military  force  in  the 
field,  in  transitu^  or  in  hospital. 

5.  Any  provost  or  deputy  provost  marshal  or  enrolling 
officer  disabled  by  reason  of  any  wound  or  injury  so  received 
from  procuring  a  subsistence  by  manual  labor.  (R.  S.,  § 
4693.) 

.  6.  Officers  and  privates  of  the  Missouri  State  militia  and 
of  the  provisional  State  militia  disabled  by  reason  of  injury 
received  or  disease  contracted  in  the  line  of  duty,  while 
such  militia  was  co-operating  with  United  States  forces,  the 
pension  not  to  commence  prior  to  March  3,  1873.  (R.  S., 
§4722.) 

7.  Any  officer,  warrant  or  petty  officer,  seaman,  engineer, 
first,  second,  or  third  assistant  engineer,  fireman  or  coal- 
heaver  of  the  navy,  or  any  marine,  disabled  prior,  to  the 
4th  of  March,  ,1861,  by  reason  of  an  injury  received  or  dis- 
ease contracted  in  the  sei*vice  and  line  of  duty.  (R.  S.,  § 
4728.) 

8.  Any  officer,  non-commissioned  officer,  musician,  or 
private  disabled  likewise  in  the  war  with  Mexico,  or  in 


THE   PERSONS   ENTITLED   TO   PENSIONS.  459 

going  to  or  returning  from  the  same,  who  received  an  hon- 
orable discharge.     (K.  S.,  §  4730.) 

9.  Officers  and  seamen  of  the  revenue  cutters  of  the  Uni- 
ted States  who  have  been  or  may  be  wounded  or  disabled 
in  discharge  of  their  duty  while  co-operartng  with  the  navy 
by  order  of  the  President.     (R.  S.,  §  4741.) 

10.  Persons  who  from  age  or  infirmity  are  disabled  from 
sea  service,  but  who  have  served  as  enlisted  men  in  the 
navy  or  marine  corps  for  twenty  years  and  who  have  not 
been  discharged  for  misconduct.  These  may  be  paid,  in 
lieu  of  a  home  at  the  Naval  Asylum  in  Philadelphia,  if  they 
so  elect,  a  sum  equal  to  one-half  the  pay  of  their  rating  at 
the  time  of  discharge.     (R.  S.,  §  4756.) 

11.  Any  disabled  person  who  has  served  as  an  enlisted 
man  in  the  navy  or  marine  corps  not  less  than  ten  years 
and  has  not  been  discharged  for  misconduct.  He  is  en- 
titled to  such  an  amount  from  the  naval  pension  fund,  and 
for  a  specified  time,  as  a  board  of  examiners  to  be  con- 
vened by  the  Secretary  of  the  Navy  may  recommend.  (R. 
S.,  §  4757.) 

12.  Any  officer,  soldier,  seaman,  and  marine  who  is  en- 
titled to  receive  an  artificial  limb  or  apparatus  in  conse- 
quence of  the  disability  arising  from  injury  received  in 
the  line  of  service  for  the  United  States  in  the  sup- 
pression of  the  rebellion  of  1861,  may,  if  he  so  elects, 
receive  instead  the  money  value  thereof,  viz.:  for  legs, 
seventy-five  dollars ;  for  arms,  fifty  dollars ;  for  feet,  fifty 
dollars ;  for  apparatus  for  resection,  fifty  dollars.  ( R.  S., 
§  4787.) 

13.  Colored  persons  who  enlisted  in  the  army  during  that 
war  and  are  borne  on  the  rolls  of  their  regiments  as  slaves. 
(R.  S.,  §4723.) 

14.  Pensionfers  under  special  acts  of  Congress. 


460  THE  EXECUTIVE  DEPARTMENTS. 


Survivors  of  the  War  of  1812. 

1^98.  The  surviving  officers  and  enlisted  and  drafted 
men  of  the  military  and  naval  service  of  the  United  States 
who  served  sixty  days  in  the  war  with  Grreat  Britain  of  1812 
and  who  were  honorably  discharged,  and  such  other  per- 
sons who  have  been  specifically  named  in  any  resolution  of 
Congress  for  specific  service  in  that  war,  although  they  may 
have  served  less  than  sixty  days,  and  who  did  not  volunta- 
rily engage  in  the  rebellion  of  1861,  are  entitled  to  a  pen- 
sion of  eight  dollars  per  month.     (R.  S.,  §§  4736,  4737.) 

Widows  and  Children's  Pensions. 

1^99.  If  any  person  embraced  in  the  first  five  classes 
of  invalid  pensioners  before  mentioned  has  died  since  the 
4th  of  March,  1861,  by  reason  of  any  wound,  injury,  or  dis- 
ease which,  under  the  conditions  and  limitations  provided 
with  regard  to  him,  would  have  entitled  him  to  an  invalid 
pension  had  he  been  disabled,  his  widow  is  entitled,  or  if 
there  be  no  widow,  or  in  case  of  her  death  without  pay- 
ment to  her  of  any  part  of  the  pension,  his  children  under 
sixteen  years  of  age  are  entitled  to  receive  the  same  pen- 
sion as  the  husband  or  father  would  have  been  entitled  to 
had  he  been  totally  disabled.  Such  pension  commences 
with  the  death  of  the  husband  or  father,  to  continue  to  the 
widow  during  her  widowhood,  and  to  the  children  until 
they  severally  attain  the  age  of  sixteen  years ;  and  if  the 
widow  remarry,  to  the  children  from  the  date  of  remar- 
riage. For  each  child  under  the  age  of  sixteen,  the  pen- 
sion is  increased  at  the  rate  of  two  dollars  per  month  for 
such  child. 

The  widow  of  any  person  embraced  in  the  seventh  class 
of  invalid  pensioners  who  has  died  in  the  service  of  injury 
received  or  disease  contracted  in  the  line  of  his  duty  is 


THE    PERSONS  .ENTITLED   TO   PENSIONS.  461 

entitled  to  receive  half  the  monthly  pay  to  which  the 
deceased  was  entitled  at  the  date  of  his  death,  and  in  case 
of  her  death  or  marriage  the  children  under  sixteen  years 
of  age  are  entitled  to  the  pension.  The  rate  of  pension, 
however,  is  governed  by  the  pay  of  the  navy  as  it  existed 
in  January,  1835 ;  but  after  the  25th  of  July,  1866,  it  is 
in  no  case  to  be  less  than  eight  dollars  per  month.  But 
the  widow  of  an  engineer,  fireman,  or  coal-heaver  is  not 
entitled  to  a  pension  by  reason  of  the  death  of  her  hus- 
band, if  his  death  was  prior  to  August  31,  1842.  (R.  S.,  § 
4729.) 

The  widow  of  any  person  embraced  in  the  eighth  class 
of  invalid  pensioners  who  has  died  by  reason  of  any  injury 
received  or  disease  contracted  in  the  line  of  duty  in  actual 
service  is  entitled  to  receive  the  same  pension  as  her  hus- 
band would  have  been  entitled  to  had  he  been  totally  dis» 
abled,  and  in  case  of  her  death  or  remarriage  the  children 
of  such  person,  while  under  the  age  of  sixteen  years,  are 
entitled  to  receive  the  pension.  But  no  such  pension  is  to 
be  less  than  eight  dollars  per  month.     (R.  S.,  §  4731.) 

The  widows,  and  children  under  sixteen  years  of  age,  of 
officers,  non-commissioned  officers,  musicians,  and  privates 
of  the  regulars,  militia,  and  volunteers  of  the  war  of  1812, 
and  of  the  various  Indian  wars  since '1790,  who  remained 
at  the  date  of  their  death  in  the  military  service  of  the 
United  States,  or  who  received  an  honorable  discharge  and 
have  died  of  injury  received  or  disease  contracted  in  the 
service  and  in  the  line  of  duty,  are  entitled  to  receive  half 
the  monthly  pay  to  which  the  deceased,  was  entitled  at  the 
time  of  receiving  the  injury  or  contracting  the  disease  which: 
resulted  in  death ;  provided  that  no  half-pay  pension  shall] 
exceed  the  half  pay  of  a  lieutenant-colonel,  or  be  less  after 
the  25th  of  July,  1866,  than  eight  dollars  per  month.  (R. 
S.,  §  4732.) 


462        THE  EXECUTIVE  DEPARTMENTS. 


Dependent  Relatives'  Pensions. 

1300.  If  any  person  embraced  within  the  first  five 
classes  of  invalid  pensioners  hereinbefore  enumerated  who 
has  died  since  the  4th  of  March,  1861,  by  reason  of  any 
wound,  injury,  casualty,  or  disease  which,  under  the  condi- 
tions named,  would  have  entitled  him  to  an  invalid  pen- 
sion, leaving  no  widow  or  legitimate  child,  but  other  rela- 
tives who  were  dependent  upon  him  for  support,  in  whole 
or  in  part,  at  the  date  of  his  death,  such  relatives  are  enti- 
tled, in  the  following  order  of  precedence,  to  receive  the 
same  pension  as  such  person  would  have  been  entitled  to 
had  he  been  totally  disabled,  to  commence  at  the  date  of 
his  death,  viz. :  first,  the  mother ;  secondly,  the  father ; 
thirdly,  orphan  brothers  and  sisters  under  sixteen  years  of 
age  who  shall  be  pensioned  jointly.     (R.  S.,  §  4707.) 

1301.  The  amounts  of  pensions  for  total  disability  are 
as  follow : 

For  lieutenant-colonel  or  higher  rank  in  the  army  and 
marine  corps,  and  for  captain  and  higher  rank,  commander, 
surgeon,  paymaster,  chief  engineer,  lieutenant  command- 
ing and  master  commanding  in  the  navy,  thirty  dollars 
per  month. 

For  major  in  the  army  and  marine  corps,  and  lieutenant, 
surgeon,  paymaster,  and  chief  engineer  ranking  with  lieu- 
tenant by  law,  and  passed  assistant  surgeon  in  the  navy, 
twenty-five  dollars  per  month. 

For  captain  in  the  army  and  marine  corps,  chaplain  in 
the  army,  provost  marshal,  professor  of  mathematics,  mas- 
ter, assistant  surgeon,  assistant  paymaster,  and  chaplain  in 
the  navy,  twenty  dollars  per  month. 

For  first  lieutenant  in  the  army  and  marine  corps,  acting 
assistant  or  contract  surgeon,  and  deputy  provost  marshal, 
seventeen  dollars  per  month. 


THE   DIFFERENT   RATES   OF   PENSIONS.  463 

For  second  lieutenant  in  the  army  and  .marine  corps, 
first  assistant  engineer,  ensign,  and  pilot  in  the  navy,  and 
enrolling  officer,  fifteen  dollars  per  month. 

For  cadet  midshipman,  passed  midshipman,  clerks  of 
admirals  and  paymasters  and  of  other  officers  command- 
ing vessels,  second  and  third  assistant  engineers,  master's 
mate,  and  all  warrant  officers  in  the  navy,  ten  dollars  per 
month. 

For  all  other  persons,  eight  dollars  per  month.  And  to 
the  masters,  pilots,  engineers,  sailors,  and  crews  upon  the 
gun-boats  and  war  vessels,  the  pension  allowed  to  those  of 
like  rank  in  the  naval  service.     (R.  S.,  §  4695.) 

130S.  Pensions  for  permanent  specific  disability  are 
distributed  as  follow,  viz.: 

For  the  period  commencing  July  4,  1864,  and  ending 
June  3,  1872,  persons  entitled  to  a  less  pension  than  here- 
inafter named  who  have  lost  both  feet  in  the  military  or 
naval  service,  in  the  line  of  duty,  are  to  receive  twenty  dol- 
lars per  month. 

Those  who  have  lost  both  hands  or  the  sight  of  both 
eyes,  twenty-five  dollars  per  month. 

And  for  the  period  from  March  3,  1865,  to  June  3,  1872, 
those  who  have  lost  one  hand  and  one  foot,  twenty  dollars 
per  month. 

And  for  the  period  from  June  6,  1866,  to  June  3,  1872, 
those  who  have  lost  one  hand  or  one  foot,  fifteen  dollars 
per  month. 

And  for  the  period  from  June  6,  1866,  to  June  3,  1872, 
those  who  have  been  permanently  and  totally  disabled  in 
both  hands,  or  who  have  lost  the  sight  of  one  eye,  the  other 
having  been  previously  lost,  or  who  have  been  otherwise 
so  totally  and  permanently  disabled  as  to  render  them 
utterly  helpless,  or  so  nearly  so  as  to  require  attendance, 
are  entitled  to  a  pension  of  twenty-five  dollars  per  month. 


464  THE   EXECUTIVE  DEPARTMENTW. 

Those  who  have  been  permanently  disabled  in  both  feet, 
or  in  one  hand  and  one  foot,  or  otherwise  incapacitated  from 
performing  manual  labor,  but  not  so  much  so  as  to  require 
attendance,  twenty  dollars  per  month. 

Those  who  have  been  totally  and  permanently  disabled 
in  one  hand  or  one  foot,  or  otherwise  disabled  as  to  inca- 
pacitate them  from  manual  labor  equivalent  to  the  loss  of 
a  hand  or  a  foot,  fifteen  dollars  per  month.    (R.  S.,  §  4697.) 

From  and  after  the  4th  June,  1872,  all  persons  entitled 
to  a  less  pension  than  hereinafter  mentioned  are  entitled 
to  pensions  as  follow : 

Those  who  have  lost  the  sight  of  both  eyes,  or  the  sight 
of  one  eye,  the  sight  of  the  other  having  been  previously 
lost,  or  have  lost  both  hands  or  both  feet,  or  have  been 
permanently  and  totally  disabled  in  the  same,  or  otherwise 
so  permanently  and  totally  disabled  as  to  render  them 
utterly  helpless,  or  so  nearly  so  as  to  require  the  regular 
personal  aid  and  attendance  of  another  person,  fifty  dollars 
per  month,  (act  June  18,  1874,)  and  after  the  18th  of  June, 
1878,  seventy-two  dollars  per  month.    (Act  June  18,  1878.) 

Those  who  have  lost  one  hand  and  one  foot,  or  have 
been  totally  and  permanently  disabled  in  the  same,  or 
otherwise  so  disabled  as  to  be  incapacitated  from  perform- 
ing manual  labor,  but  not  so  much  as  to  require  attend- 
ance, twenty-four  dollars  per  month. 

Those  who  have  lost  one  hand  or  one  foot,  or  have 
been  permanently  and  totally  disabled  in  the  same,  or 
otherwise  so  disabled  as  to  render  their  incapacity  to  per- 
form manual  labor  equivalent  to  the  loss  of  a  hand  or  a 
foot,  eighteen  dollars  per  month. 

Those  who  have  lost  a  leg  above  the  knee,  or  an  arm  at 
or  above  the  elbow,  are  rated  at  the  second  class,  and  are 
entitled  to  receive  a  pension  of  twenty-four  dollars  per 
month  from  and  after  June  4,  1872.     (Act  June  18,  1874.) 


THE   PAYMENT   OF  PENSIONS.  465 

Those  who  have  lost  the  hearing  of  both  ears,  thirteen 
dollars  per  month  from  the  same  date.     (R.  S.,  §  4698.) 

Those  who  have  lost  one  hand  and  one  foot,  or  have 
been  totally  and  permanently  disabled  in  both,  are  entitled 
to  a  pension  for  each  of  such  disabilities,  at  such  rate  as  is 
provided  for  each  disability.  (Act  February  28,  1877.) 
'  From  and  after  March  3,  1879,  those  then  on  the  pen- 
sion rolls,  or  who  may  be  thereafter  placed  thereon  for 
amputation  of  either  leg  at  the, hip  joint,  are  entitled  to 
thirty-seven  dollars  and  fifty  cents  per  month.  (Act  March 
3,  1879.) 

Time  and  Manner  of  Payment  of  Pensions. 

1303.  Pensions  are  payable  quarterly,  on  the  fourth 
days  of  March,  June,  September,  and  December  of  each 
year,  by  the  pension  agents  appointed  to  make  such  pay- 
ments at  convenient  points  throughout  the  country.  The 
establishment  of  these  pension  agencies  is  vested  in  the 
President  by  law,  the  number  in  any  State  or  Territory  not 
to  exceed  three.  The  number  down  to  a  recent  date  was 
fifty-three,  but  by  a  consolidation  of  districts  it  has  been 
materially  reduced. 

1304:.  Within  fifteen  days  preceding  the  periods  men- 
tioned, the  pension  agent  is  required  by  law  to  prepare  a 
quarterly  voucher  for  every  pensioner  on  his  list,  and  to 
transmit  the  same  by  niail  to  the  address  of  the  pensioner, 
who,  on  or  after  the  days  named,  must  execute  and  return 
the  voucher  to  the  pension  agent.  Upon  the  receipt  of  the 
voucher  properly  executed,  and  a  proper  identification  of 
the  pensioner  in  the  manner  prescribed  by  the  Secretary 
of  the  Interior,  the  pension  agent  is  required  to  transmit 
his  check  for  the  amount  due  by  mail  to  the  pensioner  and 
payable  to  his  order. 

1300.  The  number  of  pensions  on  the  rolls  of  the  sev- 
eral agencies  on  the  30th  of  June,  1878,  was  as  follows : 
'30 


466  THE  EXECUTIVE  DEPARTMENTS. 

Invalids 121,242 

Widows  and  others , 88,624 

Survivors  of  the  war  of  1812 10,407 

Widows  of  the  war  of  1812 3,725 

Total ,  223,998 

The  sum  paid  during  the  fiscal  year  ending  at  that  date 
to  the  several  classes  of  pensioners  was  $26,530,792.10. 

1300.  The  head  of  the  office  is  the  Commissioner  of 
Pensions.  Subordinate  to  him  is  a  Deputy  Commissioner, 
who  is  charged  with  such  duties  in  the  office  as  the  Secre- 
tary of  the  Interior  may  prescribe  or  the  law  may  require. 
No  duties  are  specified  by  law  as  devolving  upon  him  other 
than  as  may  thus  be  prescribed  by  the  Secretary,  except 
that  in  case  of  death,  resignation,  absence,  or  sickness  of 
the  Commissioner  it  is  provided  that  he  shall  perform  the 
duties  of  that  officer  until  a  successor  is  appointed  or  until 
such  absence  or  sickness  ceases.     (R.  S.,  §§  472,  473.) 

1307.  In  addition  to  these,  a  Chief  Clerk  is  provided 
for  by  law,  who,  as  in  the  case  of  otfier  bureau  Chief  Clerks, 
has  general  supervision  of  the  clerical  business  of  the  office. 

1308.  A  medical  referee  is  also  provided  for,  who, 
under  the  direction  of  the  Commissioner,  has  charge  of  the 
examination  and  revision  of  the  reports  of  examining  sur- 
geons, and  has  such  other  duties  to  perform  touching  med- 
ical and  surgical  questions  in  the  Pension  Office  as  the 
interests  of  the  service  may  demand.     (R.  S.,  §  4776.) 

The  organization  of  the  office  is  constituted  of  the  fol- 
lowing-named divisions  for  the  transaction  of  business : 

1.  Mail  Division. 

2.  Division  of  Records  and  Accounts. 

3.  Medical  Division. 

4.  Invalid  Division. 

5.  Navy,  Old  War,  and  Bounty  Land  Division. 

6.  Widows'  Division. 

7.  Special  Service  Division. 


THE   PENSION   OFFICE.  467 

To  specify  the  duties  of  these  divisions,  we  commence 
with — 

I.  The  Mall  Division. 

1309.  In  this  division  the  office  mails  are  received, 
opened,  registered,  and  distributed. 

II.  The  Division  of  Records  and  Accounts. 

1310.  This  division  has  charge  of  the  admitted  files ; 
the  records  of  admitted  pensions ;  the  abstracts  and  ac- 
counts of  pension  agents ;  the  issuing  of  pension  certifi- 
cates ;  transfers  of  pensioners  from  the  rolls  of  one  pension 
agency  to  those  of  another ;  miscellaneous  correspondence 
relative  to  certain  admitted  cases  and  with  the  several  pen- 
sion agencies;  the  preparation  of  requisitions  requiring 
the  signature  of  the  Secretary  of  the  Interior  upon  the  pen- 
sion fund,  for  the  payment  of  pensions ;  the  issuing  of  dupli- 
cate certificates  for  payment  of  pensions  and  certificates  for 
exemption  of  invalid  pensioners  from  the  biennial  exan> 
ination ;  the  examination  and  approval  of  the  accounts  of 
examining  surgeons  ;  the  examination  of  vouchers  for  pay- 
ment of  aiTcars  due  deceased  pensioners.  It  also  has 
charge  of  the  issuing  of  all  orders  to  pension  agents  with 
regard  to  payments  of  pensions,  suspensions,  reductions, 
droppings  from  the  rolls,  &c. 

III.  The  Medical  Division. 

1311.  This  division  is  under  the  charge  of  the  medical 
referee,  an  officer  before  referred  to,  and  whose  statutory 
duties  are  particularly  mentioned  in  section  1159  of  this 
work.  It  attends  to  the  appointments  of  examining  sur- 
geons, the  revision  of  all  certificates  of  examinations  of 
pensioners,  and  to  all  medical  questions  in  the  adjustment 
of  claims  for  pensions.     The  head  of  this  division  reviews 


46S  THE  EXECUTIVE   DEPARTMENTS. 

all  cases  in  which  appeal  is  taken  to  the  Secretarj^  of  the 
Interior  from  the  decision  of  the  Commissioner  of  Pen- 
sions, and  determines  the  claim  in  its  medical  aspects. 

IV.  The  Invalid  Division. 

131d.  In  this  division  are  adjudicated  claims  for  invalid 
pensions,  and  attention  is  given  to  all  matters  pertaining  to 
the  right  and  title  thereto  and  to  the  increase  of  such  pen- 
sions. This  is  one  of  the  examining  divisions  of  the  office, 
of  which  there  are  three  in  number.  In  these  divisions  the 
applications  for  pensions  of  the  different  classes  are  respect- 
ively examined  with  regard  to  the  sufficiency  and  form  of 
the  proof  required  to  establish  the  claims.  Calls  are  also 
made  upon  the  Second  Auditor,  the  Adjutant-Greneral,  and 
Surgeon  -  Greneral  of  the  Army  for  information  as  to  the 
applicant's  service ;  also  for  evidence  as  to  the  disability 
alleged,  which  may  appear  upon  the  rolls  and  other  rec- 
ords in  possession  of  the  Bureaus  under  charge  of  those 
officers. 

1313.  Besides  the  Chief  and  Assistant  Chief,  this  divis- 
ion, as  well  as  the  other  examining  divisions,  consists  of  a 
corps  of  numerous  examiners  and  clerks,  to  whom  are  dis- 
tributed the  different  claims  and  the  papers  connected 
therewith,  to  which  they  are  expected  to  give  the  most 
careful  consideration,  tathe  end  that  the  proofs  correspond' 
with  the  requirements  of  law,  that  error  and  fraud  may  be 
detected,  and  that  the  bounty  of  the  Government  be  not 
imposed  upon  by  persons  not  entitled  to  share  therein. 

V.  The  Navy,  Old  War,  and  Bounty  Land  Division/ 

1314*  This  division  has  charge  of  all  claims  for  navy 
pensions,  and  all  army  pension  claims  on  account  of  disa- 
bility incurred  prior  to  March  4,  1861 ;  also  of  claims  on 
account  of  services  rendered  in  the  war  of  1812,  and  claims 
for  bounty  lands. 


THE  PENSION  OFFICE.  409 

1310.  The  warrants  for  bounty  lands  are  issued  to  per- 
sons entitled  by  law  to  the  same  by  the  Commissianer  of 
Pensions.  The  persons  so  entitled  are  described  under 
the  head  of  "  bounty  lands,"  in  treating  of  the  duties  of 
the  Commissioner  of  the  Greneral  Land  Office.  The  assign- 
ment and  location  of  these  warrants  are  made  by  the  last- 
n?tmed  officer. 

VI.  The  Widows'  Division. 

1316.  In  this  division  are  examined  all  claims  for  pen- 
sions made  on  behalf  of  widows,  heirs,  or  dependent  rel- 
atives of  deceased  soldiers  who  were  in  the  service  of  the 
United  States  in  the  war  of  the  rebellion  of  1861.  This 
division  also  reviews  claims  of  the  same  classes  arising  out 
of  the  previous  wars. 

VII.  The  Special  Service  Division. 

131 T.  This  division  is  charged  with  all  business  con- 
nected with  the  investigation  of  frauds  or  attempted  frauds 
upon  the  Grovernment  in  the  matter  of  procuring  or  con- 
tinuing in  the  enjoyment  of  pensions.  It  aids  in  the  detec- 
tion and  prosecution  of  offenders  against  the  pension  laws 
and  in  the  recovery  of  money  wrongfully  obtained.  A 
number  of  clerks  and  special  agents  are  placed  under  the 
direction  of  this  division,  who  are  detailed,  according  to 
the  authority  given  by  section  4744  of  the  Revised  Statutes, 
to  investigate  suspected  attempts  at  fraud. 

1318.  This  division  gives  its  attention  to  questions 
affecting  the  status  of  attorneys  making  application  for 
pensions  or  concerned  therein.  It  also  inquires  into  the 
official  character  and  status  of  magistrates  before  whom 
papers  and  proofs  are  executed,  and  generally  concerns 
itself  with  all  violations  of  law  in  claims  or  other  matters 
before  the  Pension  Office. 


470  THE  EXECUTIVE  DEPARTMENTS. 

The  printed  regulations  of  the  Commissioner  of  Pensions 
relative  to  pensions  and  bounty  lands,  a  copy  of  which  may 
be  obtained  by  any  applicant,  furnish  all  the  information, 
in  addition  to  the  blank  forms,  necessary  to  enable  such 
applicant,  if  of  ordinary  intelligence,  to  perfect  his  appli- 
cation and  to  establish  his  claim.  If  he  cannot  do  this 
unaided,  by  reason  of  his  absence  from  the  seat  of  govern- 
ment or  other  cause,  the  law  protects  him  from  imposition 
by  re§tricting  the  fees  of  his  attorneys  to  an  amount  mutu- 
ally agreed  upon,  or  by  limiting  the  fee  to  ten  dollars 
where  no  agreement  is  on  file  in  the  Pension  Office.  The 
act  of  June  20,  1878,  before  referred  to,  limits  the  fee,  how- 
ever, to  this  amount  in  all  cases  occurring  after  that  date. 
Severe  penalty  is  inflicted  in  case  of  imposition,  exorbitant 
charges,  or  the  withholding  wrongfully  from  a  pensioner 
or  claimant  the  whole  or  any  portion  of  the  pension  or 
claim  allowed. 


PATENTS  FOR  INViLNTlOXS.  471 


CHAPTEE  XXVni. 

THE     PATENT     OFFICE. 

1319.  The  statutes  provide  that  there  shall  be  in  the 
Department  of  the  Interior  an  office,  known  as  the  Patent 
Office,  where  all  records,  books,  models,  drawings,  specifi- 
cations, and  other  papers  and  things  pertaining  to  patents 
shall  be  safely  kept  and  preserved.     (R.  S.,  §  475.) 

13^0.  This  office  was  established  by  act  of  July  4, 
1836..  as  a  bureau  of  the  Department  of  State,  but  was  sub- 
sequently, by  act  of  3Iarch  3,  1849,  transferred  to  the 
Department  of  the  Interior.  By  the  original  act  of  April, 
1790.  patents  for  inventions  were  granted  on  appfication  to 
the  Secretary  of  State,  the  Secretary  of  War,  and  the  At- 
torney-General as  a  board  of  adjudication.  This  continued 
until  the  21st  of  February,  1793,  when,  by  act  repealing 
the  former,  appUcations  were  required  to  be  made  to  the 
Secretary  of  State  alone,  who,  after  a  reference  to  and 
examination  by  the  Attorney -General,  was  authorized  to 
cause  letters -patent  to  issue.  This  system  continued  until 
the  act  of  1836,  before  referred  to,  which  provided  for  a 
Patent  Office,  to  be  attached  to  the  Department  of  State, 
and  a  head  denominated  Commissioner  of  Patents. 

13^1.  The  right  to  a  patent  is  derived  primarily  from 
the  provision  of  the  Constitution  giving  power  to  Congress 
to  promote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discov- 
eries.  (Art  I,  §  8.) 


472        THE  EXECUTIVE  DEPARTMENTS. 

13^^.  The  express  power  conferred  by  this  instrument 
was  taken  up  by  the  first  Congress  in  the  act  of  1790,  enti- 
tled "An  act  to  promote  the  progress  of  useful  arts," 
wherein  provision  was  made  for  the  issue,  for  any  term  not 
exceeding  fourteen  years,  of  letters-patent,  guaranteeing  to 
the  petitioning  inventor  or  discoverer  of  any  useful  art, 
manufacture,  engine,  machine,  or  device,  or  any  improve- 
ment thereon  not  before  known  or  used,  his  heirs,  &c.,  the 
sole  and  exclusive  right  and  liberty  of  making,  construct- 
ing, using,  and  vending  to  others  such  invention  or  dis- 
covery. 

13^3.  This  period  of  duration — with  a  provision  for  an 
extension  at  its  termination,  under  certain  restrictions,  for 
an  additional  term  of  seven  years — continued  to  be  the  law 
until  the  act  of  March  2,  1861,  when  a  radical  change  was 
made,  limiting  the  duration  of  a  patent  to  an  absolute  term 
of  seventeen  years  and  prohibiting  any  extension  thereof. 

The  present  system  is  based  on  the  act  of  July  8,  1870, 
made  "  to  revise,  consolidate,  and  amend  the  statutes  re- 
lating to  patents  and  copyrights."  The  same  term  of  dura- 
tion was  provided  for,  and  this  provision,  as  re-enacted  in 
the  Revised  Statutes,  continues  to  be  the  law.  The  Com- 
missioner has  authority  under  those  statutes,  derived  from 
the  same  act,  to  extend,  under  certain  limitations,  for  the 
term  of  seven  years  a  patent  granted  prior  to  March  2, 
1861. 

1394:.  All  patents  are  issued  in  the  name  of  the  United 
States  of  America,  under  the  seal  of  the  Patent  Office, 
signed  by  the  Secretary  of  the  Interior,  countersigned  by 
the  Commissioner  of  Patents,  and  recorded,  together  with 
the  specifications,  in  the  Patent  Office. 

1925,  The  specific  requirements  of  law  as  they  now 
exist  are  contained  in  the  following  provisions : 

Any  person  who  has  invented  or  discovered  any  new  and 


PATENT   OFFICE   FEES.  473 

useful  art,  machine,  manufacture,  or  composition  of  mat- 
ter, or  any  new  and  useful  improvement  thereof,  not  known 
or  used  by  others  in  this  country,  and  not  patented  or  de- 
scribed in  any  printed  publication  in  this  or  any  foreign 
country,  before  his  invention  or  discovery  thereof,  and  not 
in  public  use  or  on  sale  for  more  that  two  years  prior  to 
his  application,  unless  the  same  has  been  proved  to  have 
been  abandoned,  may,  upon  paymg  the  fees  required  by 
law  and  other  due  proceedings  had,  obtain  a  patent  there- 
for. 

1336.  The  following  are  the  rates  of  fees  as  provided 
by  law : 
On  filing  each  original  application,  except  in  design  cases...  $15 

On  issuing  each  original  patent,  except  in  design  cases 20 

In  design  cases  for  three  years  and  six  months 10 

"      "         "      "    seven  years lo 

''      "         '•      ^'    fourteen  years 30 

On  filing  caveats 10 

On  every  application  for  the  reissue  of  a  patent 30 

On  filing  each  disclaimer 10 

On  every  application  for  the  extension  of  a  patent 50 

On  the  (granting  of  an  extension 50 

On  an  appeal  for  the  first  time  from  the  Primary  Examiners 

to  the  Examiners  in  Chief 10 

On  an  appeal  from  the  Examiners  in  Chief  to  the  Commis- 
sioner     20 

Certified  copies  of  patents  and  papers,  per  hundred  words, 

ten  cents. 
For  recording  an  assignment,  agreement,  power  of  attorney, 
or  other  paper  of  three  hundred  words  or  under,  one  dol- 
lar; of  over  three  hundred  and  under  one  thousand  words, 
two  dollars;  of  over  one  thousand  words,  three  dollars. 
For  copies  of  drawings,  the  reasonable  cost  of  making  them. 
(R.  S.,  §  4934.) 

Registration  of  a  trade-mark  (R.  S.,  §  4937) 25 

Entry  and  registry  of  a  print  or  label 6 

1337.  To  obtain  a  patent,  he  must  further  make  appli- 


474  THE  EXECUTIVE  DEPARTMENTS. 

cation  therefor,  in  writing,  to  the  Commissioner  of  Patents, 
and  file  in  the  Patent  Office  a  written  description  of  his 
invention  or  discovery,  and  of  the  manner  and  process  of 
making,  constructing,  compounding,  and  using  the  same, 
in  such  full,  clear,  concise,  and  exact  terms  as  to  enable 
any  person  skilled  in  the  art  or  science  to  which  it  apper- 
tains, or  with  which  it  is  most  nearly  connected,  to  make, 
construct,  compound,  and  use  the  same ;  and  in  case  of  a 
machine,  he  must  explain  the  principle  thereof,  and  the 
best  mode  in  which  he  has  contemplated  applying  that 
principle,  so  as  to  distinguish  it  from  other  inventions; 
and  he  must  particularly  point  out  and  distinctly  claim  the 
part,  improvement,  or  combination  which  he  claims  as  his 
invention  or  discovery,  such  specification  and  claim  to  be 
signed  by  the  inventor  and  attested  by  two  witnesses.  And 
when  the  nature  of  the  case  admits  of  drawings,  the  appli- 
cant is  required  to  furnish  one  copy,  signed  by  himself  or 
his  attorney,  also  attested  by  two  witnesses,  a  copy  of  which 
is  to  be  attached  to  the  patent  as  a  part  of  the  specification. 
(R.  S.,  §§  4886,  4888.) 

13S8.  If  required  by  the  Commissioner,  specimens  of 
ingredients,  samples  of  composition,  or  a  model  of  conven- 
ient size  to  exhibit  advantageously  the  several  parts  of  his 
invention  or  discovery,  as  the  case  may  be,  must  be  fur- 
nished.    (R.  S.,  §§  4890,  4891.) 

13^9.  The  applicant  is  required  to  make*  oath  that  he 
verily  believes  himself  to  be  the  original  and  first  inventor 
or  discoverer  of  the  art,  machine,  manufacture,  composi- 
tion, or  improvement  for  which  he  solicits  a  patent ;  that 
he  does  not  know  or  believe  that  the  same  was  ever  before 
known  or  used,  stating  the  country  of  which  he  is  a  citizen. 
(R.  S.,  §  4892.) 

1330.  Patents  may  be  issued  to  the  assignee  of  the 
inventor  or  discoverer,  the  assignment  being  first  entered 


PATENTS   FOR  INVENTIONS.  475 

of  record  in  the  Patent  Office.  The  application  in  such 
cases,  however,  and  the  specifications,  must  be  sworn  to  by 
the  inventor  or  discoverer.  They  may  also  be  issued  to  the 
executors  or  administrators,  in  trust  for  the  heirs  at  law,  of 
a  deceased  inventor  or  discoverer,  in  case  he  shall  have 
died  intestate,  or  otherwise  in  trust  for  his  devisees,  the 
oath  or  affidavit  on  application  to  be  varied  in  form  accord- 
ing to  the  circumstances.     (R.  S.,  §§  4895,  4896.) 

1331.  A  person  who  has  made  a  new  invention  or  dis- 
covery, desiring  further  time  to  mature  the  same,  may,  on 
payment  of  the  fees,  file  in  the  Patent  Office  a  caveat,  set- 
ting forth  the  design  and  distinguishing  characteristics  and 
praying  protection  of  his  right  until  he  shall  have  matured 
his  invention,  such  caveat  to  be  operative  for  one  year.  This 
privilege  is  extended  to  an  alien,  if  he  has  resided  in  the 
United  States  one  year  next  preceding  the  filing  of  his  caveat 
and  has  made  oath  of  his  intention  to  become  a  citizen. 
If  application  is  made  by  another  person  for  a  patent  with 
which  this  caveat  would  interfere,  notice  is  required  by  law 
to  be  given  by  mail  to  the  caveator,  and  if  he  desires  still 
to  avail  himself  of  such  caveat  he  must  file  his  specifica- 
tions, &c.,  within  three  months  from  the  time  such  notice 
should  reach  him.     (R.  S.,  §  4902.) 

133^.  When  an  application  is  rejected,  the  applicant 
is  served  with  notice  and  with  the  reasons  for  such  rejec- 
tion, also  with  further  information,  to  enable  him  to  judge 
of  the  propriety  of  renewing  his  application  or  of  altering 
his  specifications.  If  he  p'ersists  in  his  claim,  a  re-examina- 
tion is  ordered  by  the  Commissioner.     (E,.  S.,  §  4903.) 

1333.  An  applicant  for  a  patent,  or  for  the  reissue  of 
a  patent,  whose  claims  have-  been  twice  rejected,  and  any 
party  to  an  interference,  may  appeal  from  the  decision  of 
the  Primary  Examiner  or  of  the  Examiner  in  Charge  of 
Interferences  to  the  Board  of  Examiners  in  Chief,  having 


476  THE  EXECUTIVE  DEPARTMENTS. 

once  paid  the  fee  for  such  appeal.     If  still  dissatisfied,  he 
may,  on  payment  of  the  fee,  appeal  to  the  Commissioner 
in  person.     If  such  applicant  is  dissatisfied  with  the  decis- 
ion of  that  officer,  he  may  appeal  to  the  Supreme  Court  of 
the  District  of  Columbia  sitting  in  banc.     If  refused  here^ 
he  may  still  pursue  a  fmlher  remedy  given  him  by  law, 
through  a  bill  in  equity ;  and  the  court  having  cognizance 
may,  on  due  proceedings,  adjudge  the  applicant  entitled  to 
a  patent.     On  such  applicant  filing  a  copy  of  the  adjudica- 
tion in  the  Patent  Office,  and  on  his  compliance  with  the 
requirements  of  law,  the  Commissioner  is  authorized  to 
issue  the  patent  to  him.    (R.  S.,  §§  ^909,  4910,  4911,  4915.) 
1334.  A  patent  granted  prior  to  the  2d  of  March,  1861, 
may,  on  application  in  writing,  be  extended  before  its  ex- 
pii-ation.    Such  application  must  be  filed  not  more  than  six 
months  and  not  less  than  ninety  days  before  the  expiration 
of  the  patent,  and  it  must  state  the  reasons  why  the  exten- 
sion should  be  granted.    The  applicant  must  furnish  a  state- 
ment under  oath  of  the  ascertained  value  of  his  invention 
or  discovery,  and  of  his  receipts   and   expenditures   on 
account  thereof,  so  as  to  show  his  profit  or  loss  therefrom. 
On  receipt  of  the  application  and  payment  of  the  fees, 
notice  is  given  by  the  Commissioner  in  a  newspaper  pub- 
lished in  Washington,  and  in  such  other  papers  in  the  sec- 
tion of  country  most  interested  adversely  to  the  extension 
of  the  patent  as  he  may  deem  proper,  for  at  least  sixty 
days  prior  to  the  day  set  for  the  hearing  of  the  case. 
Thereafter  the  application  is  referred  in  due  course  to  the 
proper  Principal  Examiner.     If  the  Commissioner  shall  be 
satisfied  from  the  evidence  for  and  against  the  extension 
that  the  patentee,  without  fault  on  his  part,  has  failed  to 
obtain  a  reasonable  remuneration  from  his  patent  for  the 
time,  ingenuity,  and  expense  bestowed  upon  it,  and  that  it 
is  just  and  proper,  having  due  regard  to  the  public  interest, 


ORIGINAL  DESIGNS   AND   TRADE-MARKS.  477 

that  the  term  shall  be  extended,  he  is  required  to  make  a 
certificate  thereon  renewing  and  extending  the  same  for 
the  term  of  seven  years  from  the  expiration  thereof.  ( K. 
S.,  §  4924.) 

133^.  The  benefits  of  the  patent  laws  are  extended 
also  to  persons  who,  by  their  own  industry,  genius,  efforts, 
and  expense,  have  invented  and  produced  any  new  and 
original  design  for  a  manufacture,  bust,  statue,  alto  relievo, 
or  has  relief;  or  for  the  printing  of  woollen,  silk,  cotton, 
or  other  fabrics ;  or  any  new  and  original  impression,  orna- 
ment, patent,  print,  or  picture  to  be  printed,  painted,  cast, 
or  otherwise  placed  on  or  worked  into  any  article  of  manu- 
facture ;  or  any  new,  useful,  and  original  shape  or  configu- 
ration of  any  article  of  manufacture,  the  same  not  having 
been  known  or  used  before  by  others,  or  patented,  or 
described  in  any  publication.     (R.  S.,  §  4929.) 

1336.  Such  patents  for  designs  may  be  granted  for  the 
term  of  three  years  and  six  months,  or  for  seven,  or  for 
fourteen  years,  as  the  applicant  may  in  his  application 
elect.  Patents  of  this  nature  issued  prior  to  the  2d  of 
March,  1861,  maybe  extended  for  the  term  of  seven  years, 
in  the  same  manner  as  other  patents  issued  prior  to  that 
date.     (R.  S.,  §§  4931,  4932.) 

Trade-marks. 

1337.  Provision  is  also  made  by  law  for  the  registration 
and  protection  of  trade-marks. 

Any  person  or  firm  domiciled  in  the  United  States,  and 
any  corporation  created  by  authority  of  the  United  States 
or  of  any  State  or  Territory  thereof,  and  any  person,  firm, 
or  corporation  resident  of  or  located  in  a  foreign  country^ 
which  by  treaty  or  convention  affords  similar  privileges  to 
citizens  of  the  United  States,  and  who  are  entitled  to  the 
exclusive  use  of  any  lawful  trade -mark,  or  who  intend  td 


478  THE  EXECUTIVE  DEPARTMENTS. 

adopt  and  use  any  trade-mark  for  exclusive  use  in  the  Uni- 
ted States,  may  obtain  protection  for  such  lawful  trade- 
mark by — 

1.  Causing  to  be  recorded  in  the  Patent  Office  a  state- 
ment specifying  the  names  of  the  parties,  their  residences 
and  places  of  business,  who  desire  the  protection  ;  the  class 
of  merchandise  and  the  particular  description  of  goods 
comprised  in  such  class  by  which  the  trade-mark  has  been 
or  is  intended  to  be  appropriated ;  a  description  of  the 
trade-mark  itself,  with /ac  similes  thereof  showing  the  mode 
in  which  it  has  been  or  is  intended  to  be  applied  and  used, 
and  the  length  of  time,  if  any,  during  which  the  trade-mark 
has  been  in  use. 

2.  By  making  a  payment  of  a  fee  of  twenty-five  dollars 
in  the  same  manner  and  for  the  same  purpose  as  regards 
the  fee  required  for  patents. 

3.  By  complying  with  such  regulations  as  may  be  pre- 
scribed by  the  Commissioner  of  Patents. 

The  statement  just  referred  to  must  be  accompanied  by 
a  written  declaration,  verified  by  the  person  by  whom  it  is 
filed,  to  the  effect  that  the  party  claiming  protection  has  a 
right  to  use  the  trade  -  mark  specified,  and  that  no  other 
person,  firm,  or  corporation  has  such  right  in  the  identical 
form,  or  in  any  such  near  resemblance  thereto  as  might 
be  calculated  to  deceive,  and  that  the  description  and  fac 
similes  presented  for  record  are  true  copies  of  the  trade- 
mark sought  to  be  protected.     (R.  S.,  §§  4937,  4938.) 

1338.  The  protection  thus  obtained  remains  in  force 
thirty  years,  except  in  cases  where  it  is  claimed  for  and 
applied  to  articles  not  manufactured  in  the  United  States, 
and  in  which  it  receives  protection  under  the  laws  of  any 
foreign  country  for  a  shorter  period.  In  the  latter  case,  it 
ceases  to  have  any  force,  by  virtue  of  the  laws  of  the  Uni- 
ted States,  at  the  same  time  it  becomes  of  no  effect  else- 
where. 


THE   PATENT   OFFICE.  479 

1S«$0.  At  any  time  during  six  months  before  the  expi- 
ration of  the  thirty  years  application  may  be  made  for  a 
renewal,  under  regulations  to  be  prescribed  by  the  Com- 
missioner of  Patents,  and  a  renewal  may  be  granted  for  a 
further  term  of  thirty  years  upon  payment  also  of  a  fee  of 
twenty-five  dollars.     (R.  S.,  §  4941.) 

1340.  The  head  of  the  Patent  Office  is  denominated 
the  Commissioner  of  Patents.  The  statutes  provide  also 
for  an  Assistant  Commissioner,  a  Chief  Clerk,  and  three 
Examiners  in  Chief.  Besides  these  superior  officers,  pro- 
vision is  made  for  an  Examiner  in. Charge  of  Interferences, 
a  Trade-mark  Examiner,  twenty-two  Principal  Examiners, 
twenty-two  First  Assistant  Examiners,  twenty-two  Second 
Assistant  Examiners,  twenty-two  Third  Assistant  Exam- 
iners, a  librarian,  a  machinist,  a  number  of  clerks  of  the 
different  classes,  and  for  three  skilled  draughtsmen. 

IS-JLl,  The  office  is  organized  into  divisions,  according 
to  the  demands  and  nature  of  the  business  transacted. 
Each  of  the  examining  divisions  has  its  specialty  of  manu- 
factures and  arts.  It  has  the  supervision  of  a  Principal 
Examiner,  who  has  the  aid  of  Assistant  Examiners  of  the 
different  classes. 

134:^3.  The  clerical  divisions,  as  now  arranged,  are  as 
follow : 

Chief  Clerk.  Model  Room. 

Financial  Clerk.  Interference  Records. 

Law  Librar}'.  Scientific  Library. 

Appointments.  Patent  Heads. 

Official  Gazette.  Patent  Files. 

Proof-reading.  Applications. 

Patent-issue.  Assignments. 

Specifications.  Orders. 

Draugliting.  Copying. 

1343.  The  examining  divisions  are  designated  as  fol- 
low: 


4i80  THE   EXECUTIVE  DEPARTMENTS. 

Sewing-machine  and  Textile    General  Chemistry. 

Machinery.  Printing  and  Stationery. 

Interferences.  Civil  Engineering. 

Ti*ade-marks  and  Labels.  Metal-working,  Class  A. 

Fine  Arts.  Metal-workings  Class  B. 

Calorifics :  Stoves  and  Lamps.    Harvesters  and  Mills. 
Leather-working  Machinery      Carriages,  Wagons,  and  Cars. 

and  Products.  Fire-arms,    N'avigation,    and 

Agricultural  Products.  Signals. 

Hydraulics  and  Pneumatics.       Mechanical  Engineering. 
Chemistr3\  Wood-working. 

Steam  Engineering.  Household. 

Agriculture.  Philosophical. 

Builders'  Hardware,  &c. 

134:4:.  These  divisions  need  not  be  further  specially 
described.  As  regards  the  examining  divisions,  it  should 
be  stated  that  the  men  who  do  the  substantial  work  of  the 
same  are  supposed  to  be  skilled  in  mechanical,  scientific, 
and  philosophical  subjects,  particularly  of  the  special  class 
to  which  they  are  assigned.  They  receive  from  the  Division 
of  Applications,  which  has  charge  of  the  distribution,  such 
subjects  as  appropriately  pertain  to  their  duties  according 
to  the  arrangement  named,  and  they  are  expected  to  give 
the  matters  so  in  their  charge  skillful,  patient,  careful,  and 
thorough  investigation. 

134^.  The  statutes  require  of  the  Examiners  in  Chief 
that  they  shall  be  persons  of  competent  legal  knowledge 
and  scientific  ability,  and  that  their  duty  shall  be,  on  the 
written  petitions  of  the  applicants  for  a  patent,  to  revise 
and  determine  upon  the  validity  of  the  adverse  decisions 
of  Examiners ;  and,  when  required  by  the  Commissioner,  to 
hear  and  report  upon  claims  for  extensions  and  to  perform 
other  like  duties  which  may  be  assigned  them.  (R.  S.,  § 
482.) 

The  duties  of  the  Commissioner  of  Patents,  as  they  are 
specified  'by  statute,  are  as  follow : 


THE   COMMISSIONER   OF  PATENTS.  481 


The  Commissioner  of  Patents. 

1340.  This  officer,  as  well  as  the  Chief  Clerk  of  the 
office,  is  required  to  give  bond  to  the  Treasurer  of  the 
United  States  for  the  faithful  performance  of  his  duties 
and  for  the  proper  rendition  of  his  accounts  of  moneys 
received.     (R.  S.,  §  479.) 

1347.  He  is  required,  under  the  direction  of  the  Sec- 
retary o£  the  Interior,  to  superintend  or  perform  all  duties 
respecting  the  granting  and  issuing  of  patents  directed  by 
law,  and  to  have  charge  of  all  books,  records,  papers,  mod- 
els, machines,  and  other  things  belonging  to  the  Patent 
Office.     (R.  S.,  §  481.) 

1348.  Subject  to  the  approval  of  the  Secretary  of  the 
Interior,  he  is  empowered  to  make  from  time  to  time  proper 
regulations  for  the  conduct  of  proceedyigs  in  that  office. 
It  is  his  duty  to  cause  to  be  classified  and  arranged  in  suit- 
able cases,  in  the  rooms  and  galleries  provided  for  the 
purpose,  the  models,  specimens  of  composition,  fabrics, 
manufactures,  works  of  art,  and  designs  which  are  depos- 
ited in  the  office.     (R.  S.,  §§  483,  484.) 

1349.  He  may  restore  to  applicants  such  of  the  models 
belonging  to  rejected  applications  as  he  deems  unnecessary 
to  preserve,  or  he  may  sell  or  otherwise  dispose  of  them 
after  the  application  has  been  rejected  for  one  year.  The 
proceeds  are  to  be  paid  into  the  Treasury  as  other  patent 
moneys  are  directed  to  be  paid.     (R.  S.,  §  485.) 

1300.  He  may,  for  gross  misconduct,  refuse  to  recog- 
nize any  person  as  a  patent  agent,  either  generally  or  in 
any  particular  case ;  the  reasons  therefor  to  be  duly  re- 
corded, subject  to  the  approval  of  the  Secretary  of  the 
Interior.     (R.  S.,  §  487.) 

1301.  He  may  require  all  papers  filed  in  the  Patent 
Office,  if  not  correctly,  legibly,  and  clearly  written,  to  be 

31 


482  THE  EXECUTIVE  DEPARTMENTS. 

printed  at  the  cost  of  the  party  filing  them.  He  may  print 
or  cause  to  be  printed  copies  of  the  claims  of  current  issues 
and  copies  of  such  laws,  decisions,  regulations,  and  circu- 
lars as  may  be  necessary  for  the  information  of  the  public. 
He  is  authorized  likewise  to  have  printed  from  time  to  time 
for  gratuitous  distribution,  not  to  exceed  one  hundred  and 
fifty  copies,  the  complete  specifications  and  drawings  of 
each  patent  issued,  together  with  suitable  indexes, — one 
copy  to  be  placed,  for  free  public  inspection,  in  the  capitol 
of  each  State  and  TeiTitory ;  one  in  the  clerk's  office  of  the 
District  Court  of  each  judicial  district  of  the  United  States, 
except  when  such  offices  are  located  in  State  or  Territorial 
Capitols ;  and  one  in  the  Library  of  Congress.  These 
copies  are  to  be  certified  under  his  hand  and  the  seal  of 
his  office. 

He  is  also  authorized  to  have  printed  such  numbers  of 
specifications  and  drawings  for  sale,  so  certified,  as  may  be 
warranted  by  the  demand  therefor,  at  a  price  not  to  exceed 
the  contract  price,  and  to  furnish  a  complete  set  to  any 
public  library  which  will  pay  for  binding  the  same  into 
volumes  to  correspond  with  those  in  the  Patent  Office, 
and  will  also  provide  for  their  proper  custody,  and  for  con- 
venient access  for  the  public  thereto,  under  regulations  to 
be  prescribed  by  that  officer.    (R.  S.,  §§  488,  489,  490,  491.) 

1303.  The  price  to  be  paid  for  uncertified  printed 
copies  of  specifications  and  drawings  of  patents  is  to  be 
determined  by  the  Commissioner,  within  the  limits  of  ten 
cents  as  the  minimum  and  fifty  cents  as  the  maximum 
price.     (R.  S.,  §  493.) 

13^3.  He  is  required  to  lay  before  Congress  in  the 
month  of  January  annually  a  report  giving  a  detailed  state- 
ment of  all  moneys  received  for  patents,  for  copies  of 
records  or  drawings,  or  from  any  other  source  whatever ;  a 
detailed  statement  of  expenditures  for  contingent  and  mis- 


THE   COMMISSIONER   OF   PATENTS.  483 

cellaneous  expenses ;  a  list  of  all  patents  granted  during 
the  preceding  year,  designating  under  proper  heads  the 
subjects  of  such  patents ;  an  alphabetical  list  of  all  the 
patentees  and  their  places  of  residence ;  a  list  of  all  pat- 
ents which  have  been  extended  during  the  year,  and  such 
other  information  of  the  condition  of  the  Patent  Office  as 
may  be  useful  to  Congress  or  to  the  public.    (R.  S.,  §  494.) 

1354:.  He  is  required  to  have  the  care  and  manage- 
ment of  the  collections  of  the  exploring  expeditions.  (R. 
S.,  §  495.) 

1.355,  Written  or  printed  copies  of  any  records,  books, 
papers,  or  drawings  belonging  to  the  Patent  Office,  and  of 
letters-patent  authenticated  by  the  seal  and  certified  by  the 
Commissioner  or  Acting  Commissioner  thereof,  are  entitled 
by  law  to  be  received  as  evidence  in  all  cases  wherein  the 
originals  could  be  evidence  ;  and  any  person  making  appli- 
cation therefor  and  paying  the  required  fe^  is  entitled  to 
such  copies.     (R.  S.,  §  892.) 

135G.  All  patents  signed  by  the  Secretary  of  the  Inte- 
rior are  required  to  be  countersigned  by  the  Commissioner, 
and  recorded,  together  with  the  specifications,  in  his  office. 
(R.  S.,  §  4883.) 

1357,  On  the  filing  of  an  application  for  a  patent  and 
on  payment  of  the  fees  the  Commissioner  is  required  to 
cause  an  examination  of  the  alleged  new  invention  or  dis- 
covery, and  if  it  shall  appear  that  the  claimant  is  justly 
entitled  and  that  his  invention  is  sufficiently  useful  and 
important  the  Commissioner  is  required  to  issue  a  patent 
therefor.  He  may,  if  satisfied  that  the  delay  was  unavoid- 
able, regard  an  application  as  not  abandoned  because  the 
same  is  not  completed  and  prepared  for  examination  within 
the  two  years  required  by  law  after  the  filing  of  such  appli- 
cation.    (R.  S.,  §§  4893,  4894.) 

1S08.  It  is  his  duty  to  notify  claimants  when  theu* 


484        THE  EXECUTIVE  DEPARTMENTS. 

applications  are  rejected,  stating  the  reasons,  and  to  order 
a  re-examination  if  the  applicant  still  persists  in  his  claim. 
(R.  S.,  §  4903.) 

13^0.  When  in  his  opinion  an  application  would  inter- 
fere with  a  pending  application  or  an  unexpired  patent,  it 
is  made  his  duty  to  notify  the  applicants  and  patentee,  as 
the  case  may  be,  and  to  direct  the  Primary.  Examiner  to 
proceed  to  determine  the  question  of  priority  of  invention. 
And  he  may  issue  a  patent  to  the  adjudged  prior  inventor, 
unless  the  adverse  party  appeals  within  such  time,  not  less 
than  twenty  days,  as  that  officer  shall  prescribe.  (R.  S.,  § 
4904.) 

1360.  He  is  empowered  to  establish  rules  for  taking 
affidavits  and  depositions  required  in  cases  pending  in  the 
Patent  Office,  which  affidavits  and  depositions  may  be 
taken  before  any  officer  authorized  by  law  to  take  deposi- 
tions to  be  used  in  the  courts  of  the  United  States  or  of 
the  State  where  the  officer  resides.     (R.  S.,  §  4905.) 

1361.  When  an  appeal  has  been  taken  by  an  appli- 
cant to  the  Supreme  Court  of  the  District  of  Columbia 
from  the  adverse  decision  of  the  Commissioner,  the  latter, 
on  receiving  notice  from  the  court  of  the  time  and  place 
of  hearing,  is  required  to  give  like  notice,  in  such  manner 
as  the  court  may  prescribe,  to  all  parties  who  appear  to  be 
interested  therein.  He  is  also  required  to  furnish  the 
court  with  the  grounds  of  his  decision,  fully  set  forth  in 
writing,  touching  all  the  points  involved  by  the  reasons  of 
appeal.  And  he  may,  at  the  request  of  any  interested  party 
or  of  the  court,  be  examined,  together  with  the  Examineife 
of  his  office,  under  oath,  in  explanation  of  the  principles 
of  the  thing  for  which  a  patent  is  demanded.  A  certificate 
from  the  court  of  its  proceedings,  recefived  by  the  Commis- 
sioner, is  required  to  be  placed  on  file  in  his  office  and  to 
govern  his  further  proceedings  in  the  case.  (R.  S.,  §§  4913, 
4914.) 


THE   COMMISSIONER   OF   PATENTS.  48 

130^.  He  is  authorized  to  issue  a  new  patent,  to  replace 
an  old  one,  whenever  the  latter  is  inoperative  or  invalid  by- 
reason  of  defective  or  insufficient  specification,  or  through 
error  in  the  patentee  in  claiming  more  than  he  had  a  right 
to ;  provided  the  error  has  arisen  by  inadvertence,  acci- 
dent, or  mistake,  and  without  fraudulent  or  deceptive  in- 
tention. He  may  in  his  discretion  cause  several  patents 
to  issue  for  distinct  and  separate  parts  of  the  thing  pat- 
ented, upon  demand  of  the  applicant  and  on  payment  of 
the  required  fee  for  a  reissue  for  each  of  such  reissued 
letters-patent.  No  new  matter,  however,  shall  be  intro- 
duced into  the  specification ;  nor,  in  case  of  a  machine 
patent,  shall  the  model  or  drawings  be  amended,  except 
each  by  the  other ;  but  when  there  is  neither  model  nor 
drawing,  amendments  may  be  made  upon  proof  satisfactory 
to  himself  that  such  new  matter  or  amendment  was  a  part 
of  the  original  invention,  and  was  omitted  from  the  speci- 
fications by  inadvertence,  accident,  or  mistake.  (E.  S.,  § 
4916.) 

1363.  It  is  made  the  duty  of  the  Commissioner  to  pub- 
lish in  one  newspaper  in  the  city  of  Washington,  and  in  such 
other  papers  published  in  the  section  of  the  country  most 
interested  adversely  to  the  extension  of  a  patent  as  he  may 
deem  proper,  for  at  least  sixty  days  prior  to  the  day  set  for 
hearing  the  case,  a  notice  of  the  application  for  such  exten- 
sion, and  of  the  time  when  and  place  where  the  same  will 
be  considered.     (R.  S.,  §  4925.) 

He  is  required,  at  the  time  and  place  designated,  to  hear 
and  decide  upon  the  evidence  produced  both  for  and 
against  the  extension,  as  explained  heretofore  in  section 
1334.     (R.  S.,  §  4927.) 

1364:.  He  may  receive  payment  of  patent  fees,  to  be 
deposited  by  him  in  the  Treasury  without  deduction  there- 
from.   And  upon  his  certificate  moneys  paid  into  the  Treas- , 


486  THE  EXECUTIVE  DEPABTMENTS. 

ury  by  mistake,  as  for  patent  fees,  may  be  refunded  by  the 
Treasurer  of  the  United  States.     (R.  S.,  §§  4935,  936.) 

1360.  He  may  prescribe  regulations,  other  than  those 
specially  prescribed  by  statute  and  not  inconsistent  with 
law,  to  be  complied  with  by  persons  desiring  the  registra- 
tion of  trade-marks.     (R.  S.,  §  3937.) 

1360.  He  is  prohibited  by  law  from  receiving  and 
recording  any  proposed  trade-mark  which  is  not  and  can- 
not become  a  lawful  trade-mark ;  or  which  is  merely  the 
name  of  a  person,  firm,  or  corporation,  unaccompanied  by 
a  mark  sufficient  to  distinguish  it  from  the  same  name 
when  used  by  other  persons ;  or  which  is  identical  with  a 
trade-mark  appropriate  to  the  same  class  of  merchandise 
and  belonging  to  a  different  owner,  and  already  registered 
or  received  for  registration  ;  or  which  so  nearly  resembles 
such  last-mentioned  trade-mark  as  to  be  likely  to  deceive 
the  public.  This  is  not  to  prevent,  however,  the  registry 
of  any  trade-mark  rightfully  in  use  on  the  8th  of  July,  1870. 
(R.  S.,  §  4939.) 

136 T.  He  is  empowered  to  make  rules  and  regulations, 
also  to  prescribe  forms,  for  the  transfer  of  the  right  to  the 
use  of  trade-marks,  conforming  as  nearly  as  practicable  to 
the  requirements  of  law  respecting  the  transfer  and  trans- 
mission of  copyrights.     (R.  S.,  §  4947.) 

1368.  The  Commissioner  is  charged  with  the  supervis- 
ion and  control  of  the  entry  and  registry  of  prints  or  labels 
designed  to  be  used  for  articles  of  manufacture,  which  are 
required  to  be  entered  under  the  copyright  law  but  may  be 
registered  in  the  Patent  Office,  in  conformity  with  the  regu- 
lations provided  by  law  as  to  copyright  of  prints ;  except 
that  there  shall  be  paid  for  recording  the  title  of  any  such 
print  or  label  not  a  trade-mark  six  dollars,  which  shall  cover 
the  expense  of  furnishing  a  copy  of  the  record,  under  seal 


THE  COMMISSIONEE   OF  PATENTS.  487 

of  the  Commissioner,  to  the  party  entering  the  same.     (Act 
June  18,  1874.) 

1309.  It  is  made  his  duty  to  furnish,  free  of  cost,  one 
copy  of  the  bound  volume  of  specifications  and  drawings 
of  patents  published  by  the  Patent  Office  to  each  of  the 
executive  departments,  upon  the  request  of  the  head  there- 
of.    (Act  March  3,  1875.) 


488        THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  XXIX. 

THE   BUREAU   OF   EDUCATION. 

13 TO.  This  was  established  as  an  independent  bureau 
by  act  of  March  2,  1867,  but  it  was  subsequently  attached 
to  the  Department  of  the  Interior  by  act  of  July  20,  1868. 

1371.  Its  duties,  as  prescribed  by  the  Revised  Statutes, 
are  to  collect  statistics  and  facts  showing  the  condition  and 
progress  of  education  in  the  several  States  and  Territories, 
and  to  diffuse  such  information  respecting  the  organization 
and  management  of  schools  and  school  systems  and  methods 
of  teaching  as  shall  aid  the  people  of  the  United  States  in 
the  establishment  and  maintenance  of  efficient  school  sys- 
tems, and  to  otherwise  promote  the  cause  of  education 
throughout  the  country.     (R.  S.,  §  516.) 

13 7S.  The  management  of  the  office  is  intrusted  to  an 
officer  styled  Commissioner  of  Education. 

He  is  required  to  present  annually  to  Congress  a  report 
embodying  the  results  of  his  investigations  and  labors, 
together  with  a  statement  of  such  facts  and  recommenda- 
tions as  will  in  his  judgment  subserve  the  purpose  for 
which  the  office  is  established.     (R.  S.,  §  517.) 

1373.  The  office  is  organized  into  four  divisions,  viz.: 

1.  Correspondence,  Records,  and  Documents. 

2.  Statistics. 

3.  Translation. 

4.  Abstracts. 

I.  The  Division  op  Correspondence,  Records,  &c. 

This  division,  which  is  under  charge  of  a  Chief  Clerk, 
attends  to  the  briefing,  recording,  and  filing  letters  re- 


THE  BUKEAU  OF  EDUCATION.         489 

ceived  ;  writing  and  recording  letters  sent ;  distribution  of 
letters,  documents,  and  manuscripts  to  the  other  divisions ; 
to  the  keeping  of  the  records  of  the  expenditures  of  the 
office  ;  the  direction,  wrapping,  and  sending  to  the  post  all 
documents  distributed  of  which  a  record  is  kept,  and  to 
other  business  of  a  miscellaneous  character. 

II.  The  Division  op  Statistics. 

13  74:.  This  division  is  under  the  charge  of  the  Statis- 
tician.    It  is  charged  with  the  keeping  of  full  lists  of  all 
institutions  of  learning,  of  every  grade,  from  which  statis-» 
tics  are  annually  gathered,  and  of  the  recording,  on  the 
statistical  tables,  of  the  information  received. 

III.  The  Division  of  Translation. 

1370.  This  divi^n  is  in  the  charge  of  a  translator, 
whose  duties  are  to  write  all  letters  to  foreign  correspond- 
ents ;  to  translate  into  English,  from  other  languages,  all 
written  or  printed  material  required ;  to  read  all  foreign 
educational  journals  and  reports  for  the  use  of  the  Com- 
missioner or  the  other  divisions  of  the  office,  and  to  keep 
in  order  the  foreign  books,  &c.,  in  the  library. 

IV.  The  Division  of  Abstracts. 

1376.  This  division  has  charge  of  the  preparation  of 
that  portion  of  the  office  report  which  gives  annually  a 
concise  resume  derived  from  printed  State  and  city  school 
reports,  catalogues,  &c.,  of  the  condition  and  progress  of 
public  and  private  instruction  in  this  country ;  and  it  has 
charge  likewise  of  the  preparation  of  all  letters  which 
'  cannot  be  conveniently  written  in  the  other  divisions. 


490  THE  EXECUTIVE  DEPARTMENTS. 


CHAPTER  XXX. 

THE    OFFICE   OF    THE    AUDITOR   OF    RAILROAD   ACCOUNT^. 

1377.  This  office  was  created  as  a  bureau  of  the  Inte- 
rior Department  by  act  of  June  19,  1878.  (Stats.  20,  p. 
169.) 

The  duties  of  the  Auditor,  under  direction  of  the  Secre- 
tary of  the  Interior,  are  to  prescribe  a  system  of  reports  to 
be  rendered  to  him  by  the  railroad  companies  whose  roads 
are  in  whole  or  in  part  west,  north,  or  south  of  the  Mis- 
souri River,  and  to  which  the  United  States  has  granted 
any  loan  of  credit  or  subsidy  in  bonds  or  lands ;  to  ex- 
amine the  books  and  accounts  of  each  of  said  railroad 
companies  once  in  each  fiscal  year,  and  at  such  other  times 
as  may  be  deemed  by  him  necessary  to  determine  the  cor- 
rectness of  any  report  received  from  them ;  to  assist  the 
Government  directors  of  any  of  said  companies  in  all  mat- 
ters coming  under  their  cognizance  whenever  they  may 
officially  request  such  assistance  ;  to  see  that  the  laws  re- 
lating to  those  companies  are  enforced;  to  furnish  such 
information  to  the  several  departments  of  the  Grovernment, 
in  regard  to  tariffs  for  freight  and  passengers  and  in  regard 
to  the  accounts  of  said  companies,  as  may  be  by  them 
required,  or,  in  the  absence  of  a  request  therefor,  as  he 
may  deem  expedient  for  the  interests  of  the  Grovernment ; 
and  to  make  an  annual  report  to  the  Secretary  of  the  Inte- 
rior, on  the  1st  day  of  November,  on  the  condition  of  each 
of  said  railroad  companies,  their  road,  accounts,  and  affairs 
for  the  fiscal  year  ending  June  30  preceding. 


THE   AUDITOR   OF   RAILROAD  ACCOUNTS.  491 

In  this  office  there  are  one  book-keeper,  one  assistant 
book-keeper,  one  clerk,  and  one  copyist  to  assist  the  Audi- 
tor in  the  performance  of  his  duties. 

The  first  official  report  of  the  head  of  this  bureau  enu- 
merates forty-six  companies  embraced  by  the  act  of  Con- 
gress as  having  received  from  the  Government  bonds, 
lands,  material,  or  aid  of  some  sort  in  the  construction  of 
their  roads. 

The  records  of  the  bureau,  based  upon  the  reports  which 
these  companies  are  required  by  law  to  make,  and  drawn 
from  other  sources,  present  a  mass  of  information,  in  a 
convenient  and  reliable  shape,  of  great  interest  and  value 
not  only  to  officers  of  the  Grovernment,  but  to  the  people 
generally.  The  compilations  made  therefrom  embrace 
statements  of  the  financial  condition  of  the  companies 
respectively ;  of  their  revenue,  ownership,  and  control ;  the 
nature  and  extent  of  their  business ;  their  operating  and 
other  expenses,  and  the  cost  of  construction ;  together 
with  various  statistics,  covering  specified  periods,  as  to 
employees,  their  number  and  pay,  supplies,  repairs,  taxes, 
funded  debt,  capital  stock,  freight  earned,  bridges,  rolling- 
stock,  stocks  of  other  corporations  and  bonds  owned  by  the 
companies,  characteristics  of  the  road-bed,  quantity  of  land 
acquired  and  disposed  of,  receipts  and  expenditures  of  land 
department,  &c. 


492        THE  EXECUTIVE  DEPARTMENTS. 


CHAPTEK  XXXI. 

THE   DEPARTMENT    OF   AGRICULTUKE. 

1378.  The  act  of  May  15,  1862,  created  a  Department 
of  Agrictilture,  and  assigned  it  to  the  charge  of  an  officer 
designated  as  Commissioner  of  Agriculture.  The  design 
of  such  department,  as  expressed  in  the  act,  is  to  acquire 
and  to  diffuse  among  the  people  of  the  United  States  use- 
ful information  on  subjects  connected  with  agriculture,  in 
the  most  general  and  comprehensive  sense  of  that  word, 
and  to  procure,  propagate,  and  distribute  among  the  people 
new  and  valuable  seeds  and  plants. 

1379.  Although  designated  a  department,  it  is  not  to 
be  confounded  with  or  assimilated  in  character  with  the 
high  executive  departments  of  the  Grovernment.  It  is  to 
be  classed  rather  as  an  independent  bureau,  for  it  has  no 
connection  with  or  relation  to  either  of  those  departments. 

1380.  Its  organization,  as  provided  for  by  the  statutes, 
is  according  to  the  following  designation  of  officers  : 

1.  The  Commissioner. 

2.  A  Chief  Clerk. 

3.  A  Chemist. 

4.  An  Assistant  Chemist. 

5.  An  Entomologist. 

6.  A  Microscopist. 

7.  A  Botanist. 

8.  A  Statistician. 

9.  A  Superintendent  of  Experimental  Grardens,  &c. 

10.  An  Assistant  Superintendent. 

11.  A  Disbursing  Clerk. 


THE   COMMISSIONER   OP   AGRICULTURE.  493 

12.  A  Superintendent  of  Seed  Room. 

13.  An  Assistant  Superintendent. 

14.  A  Librarian. 

15.  An  Engineer. 

16.  A  Superintendent  of  the  Folding  Room. 

The  Commissioner  of  Agriculture. 

1381.  The  Commissioner  is  authorized  to  appoint  the 
Chief  Clerk,  who  in  all  cases,  during  the  necessary  absence 
of  the  Commissioner  or  in  case  of  a  vacancy,  is  required 
to  perform  the  duties  of  the  Commissioner.  He  is  also 
authorized  to  appoint  the  other  employees  provided  for  by 
act  of  Congress.     (R.  S.,  ^  523.) 

1389.  Both  the  Commissioner  and  the  Chief  Clerk  are 
required,  before  entering  upon  their  respective  duties,  to 
give  bond,  the  former  in  ten  thousand  dollars  and  the  lat- 
ter in  five  thousand  dollars,  conditioned  for  the  rendering 
of  a  true  and  faithful  account  to  the  Treasurer  of  the 
United  States,  quarter-yearly,  of  all  moneys  received  by 
them  in  virtue  of  their  office.     (R.  S.,  §  524.) 

1383.  The  Commissioner  is  invested  with  the  charge  of 
the  building  and  premises  appropriated  to  the  department, 
and  of  the  library,  furniture,  fixtures,  records,  and  other 
property  appertaining  to  the  department.  ( R.  S.,  §§  197, 
525.) 

1384.  He  is  required  to  procure  and  preserve  all  in- 
formation concerning  agriculture  which  he  can  obtain  by 
means  of  books  and  correspondence  and  by  practical  and 
scientific  experiments,  accurate  records  of  which  experi- 
ments are  to  be  kept  in  his  office ;  also  by  means  of  the 
collection  of  statistics,  and  by  other  appropriate  means 
^nthin  his  power.  He  is  required  to  collect  new  and  valu- 
able seeds  and  plants ;  to  test  by  cultivation  the  value  of 
such  of  them  as  may  require  such  tiests  ;  to  propagate  such 


494  THE  EXECUTIVE  DEPARTMENTS. 

as  may  be  worthy  of  propagation,  and  to  distribute  them 
among  agricultm-ists.     (K.  S.,  §  526.) 

138o.  He  is  required  to  confine  the  purchase  and  dis- 
tribution of  seeds  by  the  department  to  such  seeds  as  are 
rare  and  uncommon  in  the  country,  or  to  such  as  can  be 
made  more  profitable  by  frequent  changes  from  one  part 
of  the  country  to  another ;  and  the  purchase  or  propaga- 
tion and  distribution  of  trees,  plants,  shrubs,  vines,  and 
cuttings  to  such  as  are  adapted  to  general  cultivation  and 
to  the  promotion  of  the  general  interests  of  horticulture 
and  agriculture  throughout  the  United  States.  (R.  S.,  § 
527.) 

1386.  The  Commissioner  is  required  to  make  annually 
a  general  report  of  his  acts,  in  writing,  to  the  President 
and  to  Congress,  in  which  he  may  recommend  the  publica- 
tion of  papers  forming  parts  of  or  accompanying  his  report, 
which  shall  also  contain  an  account  of  all  moneys  received 
and  expended  by  him.  He  is  required  also  to  make  special 
reports  on  particular  subjects  whenever  required  to  do  so 
by  the  President  or  either  House  of  Congress,  or  when  he 
deems  it  necessary  ;  also,  on  or  before  the  15th  of  Decem- 
ber in  each  year,  to  make  a  report  in  detail  to  Congress  of 
all  moneys  expended  by  him  or  under  his  direction.  (R. 
S.,  §§  528,  529.) 

1387.  He  is  required  to  direct  and  superintend  the 
expenditure  of  all  moneys  appropriated  to  the  Department 
of  Agriculture,  and  to  render  accounts  thereof.  (R.  S.,  § 
3677.)  He  is  thus  the  disbursing  officer  of  his  department, 
and  renders  his  accounts  of  disbursements  to  the  First 
Auditor  of  the  Treasury. 

1388.  The  duties  of  the  several  officers  described  as 
subordinate  to  the  Commissioner  are  not  specifically  pre- 
scribed by  law,  but  they  follow  from  and  are  implied  in 
the  designation  given  to  the  officer  suggestive  of  his  pecu- 


THE  DEPARTMENT  OP  AGRICULTURE.  495 

liar  avocation.     These  duties  may  be  generally  and  briefly 
referred  to. 

I.  The  Chemist. 

IS 8 9.  This  offic.er  has  charge  of  the  operations  in  the 
laboratory  of  the  department.  He  analyzes  specimens  of 
soils  from  different  sections  of  the  country,  in  order  to  as- 
certain their  individual  physical  properties,  their  chemical 
constituents,  and  their  p'roducing  power ;  also,  with  the 
same  end  in  view,  marls,  guano,  artificial  and  natural  fer- 
tilizers. His  labors  are  also  directed  to  the  analysis  of 
products,  viz.,  wines,  grapes,  cereals,  &c. ;  also  of  plants, 
food  material,  and  to  the  answering  numerous  letters  of 
inquiry  from  farmers,  brewers,  and  others  on  special  sub- 
jects of  investigation  in  agricultural  chemistry. 

II.  The  Entomologist. 

1390.  This  officer  experiments,  receives,  and  furnishes 
information  regarding  the  natural  history  and  habits  of  in- 
sects which  effect  more  or  less  injury  to  plants,  trees,  fruits, 
&c. ;  and  he  receives  information  and  makes  suggestions, 
and  imparts  all  the  information  obtained  through  experi- 
ments or  knowledge  derived  from  all  sources  regarding  the 
remedies  which  may  be  applied  to  effect  the  destruction  of 
particular  insects  or  to  stop  or  diminish  their  ravages.  The 
results  of  his  experiments  are  exhibited  in  the  preservation 
of  prepared  specimens  of  numerous  plant  and  fruit  devour- 
ing insects  and  larvae,  as  well  as  specimens  of  vegetation 
showing  their  methods  of  destruction. 

III.  The  Botanist. 

1391.  This  officer  has  charge  of  the  herbarium  of  the 
department,  comprising  thousands  of  specimens  of  prepared 
and  dried  plants  of  numerous  species,  specimens  of  seeds, 


496*  THE   EXECUTIVE  DEPARTMENTS. 

woods,  &c.,  carefully  arranged,  assorted,  and  labelled  with 
a  view  to  convenient  reference,  inspection,  and  study. 
Specimens  are  being  constantly  received  from  all  parts  of 
the  country  and  a  large  portion  of  the  world,  requiring 
increasing  labor  in  their  investigation,  study,  classification, 
and  preservation. 

rv.  The  Statistician. 

139^.  The  Statistician  edits  the  publications  of  the 
department,  receives  and  publishes  statistics  in  relation  to 
the  productions  of  different  sections  of  the  country,  as  to 
the  growth  and  consumption  of  animals  and  live  stock  of 
all  descriptions,  the  production  of  Wool,  the  increase  or 
decrease  of  farms  and  farm  products  in  different  sections : 
as  to  cotton  growth  and  consumption ;  as  to  the  market 
prices  at  different  times  in  different  parts  of  the  country  of 
farm  products ;  as  to  exportation  and  importation  of  farm 
products  ;  as  to  immigration  into  this  country,  and,  in  fact, 
all  conceivable  data  regarding  the  interests  and  promotion 
of  agriculture. 

1393.  The  other  officers  named  have  varying  duties 
appropriate  to  and  within  the  scope  of  their  specific  depart- 
ment of  labor,  as  expressed  in  the  designation  of  the  office 
^  by  which  they  are  respectively  known.  These  duties  need 
not  be  specified. 


INDEX. 


Accounts  :  section. 

Bureau  of,  in  State  Department ' 89 

Oaths  to,  by  employees  in  War  Department 108 

Fiscal  year  as  to,  commences  when 184 

Of  internal  taxes  to  be  kept  separate 185 

Of  disbursinf^  officers,  how  stated 568 

Division  of,  in  Treasurer's  Office 723 

in  Land  Office : 1255 

Adjutant-General's  Bureau  : 

In  charge  of  whom 157 

Duties  of;  reports  to,  &c 157 

Agriculture,  Department  of  : 

Accounts  of,  where  settled 548,  567 

Official  bonds  of  Commissioner  and  Chief  Clerk..  1005,  1021 

Purpose  and  organization  of 1378,  1379 

Duties  of  Commissioner  of 1381,  1387 

Appropriations  for  expenditures 1386,  1387 

Distribution  of  seeds,  plants,  &c.,  by 1384,  1385 

Chief  Clerk  of,  appointment  and  bond 1005,  1021,  1380 

Property  of.  custody,  &c 1383 

Reports  of  Commissioner  of 1386 

Chemist,  Entomologist,  Botanist,  Statistician,  duties 
of,  in 1389-1393 

Alaska  : 

Killing  fur-bearing  animals  in 305 

Nationalization  of  vessels  owned  by  residents  of 309 

Seal  fisheries  in 394 

Alcohol  : 

Free  of  duty  to  scientific  institutions,  when 233 

Alien  Enemies  : 

President  may  restrain,  apprehend,  &c 16 

Appeals : 

From  decision  of  collector  of  customs 386,  387 

From  collector  of  internal  revenue 752,  753,  783 

Appointments  : 

Division  of,  in  Treasury,  clnties 428-432 

in  Post  Office  Department 932 

in  Interior  Department 1169 

Appropriations  : 

Offi.cer  to  disburse,  designated  by  head  of  department..    258 

Estimates  of 272-274 

Warrant  on  Treasury  for,  to  specify  what 275,  276,  338 

Balances  of,  disposition  of 277 

32  (497) 


498  INDEX. 

Appropriations  :    (Continued.)  sectiox. 

Balances  of,  applicable  only  to  expenses  of  fiscal  year..    339 

Balances  covered  in  Treasury 340 

Accounts  of,  opened  in  Division  of  Warrants,  &c 361 

Balances  taken  up  bj'  surplus-fund  warrant 277,  361 

Appropriation  warrants  described 362,  363 

Moneys  drawn  from   Treasury  under  appropriations, 

how 364 

Requisition  of  department  for  moneys  from,  form  of, 

&c 364 

Form  of  warrant  of  Secretary  of  Treasury  for  moneys..    365 

Estimates  of  Light-house  Board  for 450 

Account  of,  in  office  of  First  Comptroller 507 

For  War  Department,  application  of,  reported  annu- 
ally  Ill,  574,  593 

For  army,  account  kept  by  Third  Auditor 593 

For  navy,  application  of  to  be  reported 614,  1040 

Artificial  Limbs: 

Transportation  of  persons  entitled  to 141 

Assay  Offices.    (See  Mints,  &c.) 
Astronomical  Observations  : 

Under  direction  of  Bureau  of  Navigation,  N'avj''  De- 
partment   1089 

Attachment  : 

Of  property  of  delinquent  debtor 848 

Attorneys  of  Pension  Claims: 

Fees  of,  how  regulated 1289,  1290 

Attorney-General  :    ( See  Department  of  Justice.) 

Compromise  of  internal-revenue  cases  by 232,  754,  965 

Concurrence  required  to  reversal  by  Secretary  of  Treas- 
ury of  ruling  in  certain  cases.. 250,  980 

Assistant  for  Post  OfHce  Department 831 

Has  supervision  of  the  several  department  solicitors....  954 
General  duties  of,  advice  and  opinions  to  departments..  959 
May  submit  questions  of  law  to  his  subordinates,  when..  960 
Eftect  to  be  given  to  their  conclusions  if  approved  by 

him 960 

To  conduct  suits  in   Supreme  Court  and  Court  of 

Claims 961 

To  furnish  professional  service  to  head  of  department 

or  bureau,  when 962 

Duty  as  to  suits  in  Court  of  Claims  affecting  any  de- 
partment or  bureau 963 

To  exercise  general  supervision  over  officers  of  courts 

and  their  accounts 964,  971 

To  defend  officers  of  Congress 966 

To  employ  attorneys  to  assist  United  States  attorneys.    968 
To  direct  disti'ict  attorneys  in  examination  of  wit- 
nesses in  certain  cases 969 

To  provide  departments  and  bureaus  with  counsel, 
when 969 


INDEX.  499 

Attorney-General  :    (Continued.)  section. 

To  commission   special  counsel  as  assistant  United 

States  attorney 970 

To  issue  requisitions  on  appropriations  for  his  depart- 
ment       971 

To  regulate  official  bonds  of  clerks  of  United  States 

courts 972 

To  publish  official  opinions  of  law  officers 973 

Reports  to  Congress 974 

To  prescribe  rules  for  jail  in  District  of  Columbia  and 

penitentiaries 975 

May  designate  jails  and  penitentiaries,  when  and  where    976 

May  provide  for  confinement  of  juvenile  offenders 977 

May  provide  for  confinement  in  asylum  of  insane  con- 
victs   978,  979 

To  examine  titles  to  lands  before  purchase  by  United 

States 981 

Enlargement  of  his  duties  by  recent  enactments 982 

Duties  of  his  assistants 983,  984,  985 

Office  of  and  distribution  of  duties  in 985 

Duties  as  to  adjudication  of  suspended  land  entries....  1231 


B 

Blank  Agency  : 

To  be  established  by  Postmaster-General 841 

Division  of,  in  Post  Office  Department,  duties 931 

Bounty : 

Of  colored  soldiers,  Secretary  of  War  custodian  of..  138,  521 
Accounts  for  soldiers'  pay  and  bounty,  by  whom  set- 
tled   521,  583 

Claims  of  soldiers  for,  &c 138,  521,  583 

Bounty  Land  :    (See  Public  Lands.) 

Warrants  for,  issued  by  the  Commissioner  of  Pen- 
sions   1281,  1315 

C 

California  : 

Compensation  for  surveys  of  public  lands  in 1227 

Captured  and  Abandoned  Property  : 

Division  of,  duties 443 

Cemeteries,  National: 

Purchase  and  condemnation  of  land  for 143 

Porter's  lodge  to  be  erected  at  entrance  of 144 

Superintendent  thereof,  duties  and  salary 144 

Officer  to  inspect  the  same  and  report 145 

Care  and  protection  of 145,  146 

Graves  to  be  marked  with  headstones,  &c 14& 


500  INDEX. 

Census  :  section. 

Accounts  of,  settled  by  Fifth  Auditor 631,  636 

Duties  of  the  Secretary  of  the  Interior  as  to 1102,  1136 

Office  of  Superintendent  of,  &c 1136 

Charts  : 

Of  northwestern  lakes,  sale  of,  to  navigators 109 

Chief  of  Engineers,  Bureau  of  : 

Duties  of 173,  174 

Chief  of  Ordnance,  Bureau  of  : 

Duties  of 175 

China  : 

Court-house  and  jail  for  American  convicts  in :....      70 

Claims  : 

Investigation  of,  by  any  department 36 

In  Court  of  Claims,  department  to  furnish  evidence  for 

defense 37 

Against  the  departments  may  be  sent  to  the  Court  of 

Claims 46,  336 

Examiner  of,  in  State  Department 93 

For  the  transportation  of  troops ;  miscellaneous  war 

claims 165 

For  subsistence,  &c.;  commutation  of,  &c 170 

All  claims  adjusted  in  the  Treasury  Department 183 

Payment  of,  to  be  withheld  when  claimant  is  indebted..    251 

Alabama  Claims,  judgments 294 

Allowance  of,  in  certain  cases  to  be  reported  to  Con- 
gress  ; 341 

Compromise  of 408 

Division  of  miscellaneous.  Second  Comptroller's  Office, 

duties  of 525 

Soldiers'  pay  and  bounty;  sailors'  pay  and  bounty 521 

Lost  propert}'.     (Act  March  3,  1849.) 521 

Quartermaster  and  commissarj"^  stores,   under  act  of 

July  4, 1864 521 

Southern  Claims,  Commissioners' awards 521 

Oregon  and  Washington  Territory,  Indian  claims 521 

State  claims,  &c 521 

Prize-money;  prize-lists 521 

Bounty  and  backpay 138,  521,  583 

For  steamboats.  Third  Auditor  may  take  testimony...    592 

Under  act  of  July  4, 1864 595,  604 

For  prize-money 624 

For  back  pay,  travelling  expenses,  &c.,  navy 629 

Claims  commissions,  accounts  of 636 

For  refund  of  internal  taxes  to  be  made  within  two 

years 752 

For  refund  and  abatement  of  internal  tax  or  penalty..    783 

Internal  revenue,  miscellaneous 786' 

Counsel  provided  for  departments  and  bureaus  on  in- 
vestigation of 969 


INDEX.  501 

Claims:    (Continued.)  section. 

Under  treaties  with  Indians,  Secretary  of  the  Interior 

to  regulate  presentation  of 1105 

Swamp-land  indemnity  claims,  wliere  audited 1258 

Repayment  of  purchase-money  for  lands  erroneously 
entered 1257 

Clerks  : 

Number,  &c.,  to  be  reported  annually  to  Congress...      41 

Clothing  : 

May  be  issued  to  soldiers  who  have  had  contagious  dis- 
ease     118 

Coast  Survey: 

Persons  employed  in,  to  be  reported  to  Congress 301 

Allowances  to  officers  and  men  of  army  and  navy  on 

duty 322 

Maps  and  charts  of,  how  disposed  of 323,  491 

Division  of  Revenue  Marine,  duties  of,  as  to 426 

Accounts  of,  wliere  settled 494,  566 

"     Officers  of  the  army  and  navy  to  be  employed  in 490 

Officers  of  Coast  Survey 492 

Report  of,  to  Congress,  what  to  contain 492 

Coinage.    (See  Mints  and  Assay  Offices.) 

Regulations  as  to  purchase,  <fcc.,  of  minor  coins 385 

Counterfeiting,  detection  of 441,  443 

Colleges : 

Arms,  &c.,  may  be  issued  to 116 

Collectors  of  Customs  : 

Defense  of,  by  United  States  attorneys 196 

Deputies  may  be  invested  with  powers  of  collector, 

when 199 

Deputy  may  be  assigned  duties  of  naval  office,  when..    202 

Deficiency  in  compensation,  how  supplied 203 

Extra  compensation  to,  constructing  public  buildings...     271 
Accounts  of,  settled  by  First  Auditor 548 

Colored  Soldiers: 

Retained  bounty  fund  in  custody  of  Secretary  of  War..    138 

Commercial  Relations: 

Secretary  of  State  to  report  to  Congress  on 62 

Information  of,  by  consular  officers 62,  83,  84 

Information  on,  to  be  published  in  newspapers 65 

Information  compiled  in  Division  of  Statistics,  State 
Department 92 

Commissary-General's  Bureau  : 

Duties  of 168-170 

Commissary  Sergeants: 

Secretary  of  War  to  select 123 

Commissioner  of  Customs: 

Origin  of  office  and  general  duties  of 528,  529,  534 

To  settle  customs  accounts 529 

To  prescribe  official  forms  for  custom-houses 530 


502  INDEX. 

CoMMissiONEB  OF  CUSTOMS  :    (Continued.)  section. 

To  approve  certain  official  bonds 531 

To  make  annual  report  to  Congress 532 

Statement  of  balances  by,  conclusive 533 

Deputy  of,  duties 535 

Further  organization  of  office  into  divisions 536,  537 

Customs  Division,  duties  of 538 

Form  of  Commissioner's  certificate  to  a  settled  account..    538 

Warehouse  and  Bond  Division,  duties  of 539 

Warehouse,*  transportation,    and   export    bonds   de- 
scribed   540,  541 

Bond  account  of  customs  officer 541 

Bof}k-keeper's  Division,  duties  of 544 

Miscellaneous  Division,  duties  of 545,  546 

Accounts  officers  of  courts  for  fees  in  customs  cases 545 

Official  bonds  of  customs  officers  filed 545 

Accounts  for  refund  of  duties 546 

Judgment  against  customs  officer  paid  by  Treasury, 

when 546 

Commissioner  of  Fish  and  Fisheries  : 

To  have  aid  of  executive  departments 54 

Commissioner  of  Indian  Affairs  :  (See  Indians,  &c.) 

Management  of  all  Indian  matters  by 1261 

To  examine  all  accounts  connected  with  same 1262 

Annual  reports  to  Congress  by 1263 

Merchandise  required  at  making  of  Indian  treaty  to 

be  purchased  by 1264 

To  determine  whether  attorney  or  agent  has  fulfilled 

contmct  with  Indians 1265 

His  consent  required  to  assignment  of  Indian  contract  1266 
License  to  trade  with  Indians  subject  to  his  approval..  1267 

May  remove  persons  from  reservations 1268 

To  report  hostilities  of  Indians  to  Congress 1268 

To  supervise  contracts  with  Indians 1269 

May  appoint  traders,  &c 1270 

May  advertise  for  and  purchase  supplies,  &c 1270 

Origin  of  office  of;  organization  of  same 1271,  1722 

Divisions  of  Finance,  Accounts,  Lands,  Civilization, 
Medical  and  Educational,  and  Kecords  and  Files  1273-1278 
Commissioner  of  Internal  Kevenue: 

Deputy,  duties  of,  prescribed  by 195,  730 

Compromises  by 232,  408 

Accounts  of,  settled  by  whom 631,  636 

Origin  of  office  of;  duties  of  Chief  Clerk 730,  731 

Organization  of  office 733 

Duties  of  the  Commissioner 734-781 

To  prescribe  penalty  of  collector's  bond 735 

His  certificate  requisite  to  authorize  payment  to  col- 
lector      736 

To  prescribe  oath  for  tobacco  inspector  and  fees 737 


INDEX.  5Q3 

CoaiM'R  OF  Internal.  Revenue  :    (Continued.)  section. 

Special  Agents,  employment  of,  Division  of 738,  791 

To  prescribe  pay  of  storekeepers 739 

To  assign  officer  to  distillery  warehouse 739 

Approval  of  gauger's  bond  and  fees 740 

Assignment  of  supervisors,  compensation,  &c 741 

May  authorize  seizures 742,  778 

Duty  in  case  of  neglect  or  refusal  of  person  to  list 

property 743,  744 

To  malvB  inquiry  as  to  taxes  due  under  former  law^s,  &c  745 

To  determine  fees,  &c.,  in  cases  of  distraint 746 

To  direct  bill  in  chancery  to  enforce  lien  for  taxes 747 

Invested  with  charge  of  real  estate  acquired  in  pay- 
ment of  internal-revenue  debts 748 

May  sell  or  release  same 748,  1011 

To  establish  rules  for  district  attorneys  and  others  as 

to  suits 750 

His  sanction  requisite  to  suit  for  taxes,  fine,  penalty, 

or  forfeiture 749 

To  certify  diligence  of  collector  in  collection  of  taxes..  751 

To  remit  and  refund  taxes,  when 752 

Appeals  to,  from  decisions  of  collectors 753 

To  compromise,  when 754 

To  prescribe  hydrometers  and  other  instruments 755 

To  assess  on  distiller  taxes  on  spirits  removed  from 

distillery,  &c 756 

Exemption  of  distillers  of  brandy  in  certain  cases 757 

To  prescribe  form  of  distiller's  bond  and  notice  of  dis- 
tiller and  rectifier 758 

To  entertain  appeal  from  distiller  against  collector 758 

To  approve  bond  for  free  withdrawal  of  alcohol 759 

To  examine  monthly  returns  of  distillers 760 

To  prevent  resumption  of  suspended  distilleries 761 

May  prescribe  precautions  in  reducing  capacity  of  dis- 
tilleries   762 

May  issue  tax-paid  stamps  in  lieu  of  stamps  accident- 
ally lost..... 763 

To  prescribe  form  of  books  for  rectifiers  and  liquor 

dealers 764 

To  prescribe  security  on  export  of  spirits  and  to- 
bacco   765,  769 

Also  manner  of  affixing  and  cancelling  permits  for  re- 
moval, &c 765 

Also  regulations  relative  to  purchase  by  one  brewer 

from  another 765 

After  sale  of  distillery  he  may  permit  vvareliouse  to  be 
used  for  storage  of  spirits  distilled  by  former  pro- 
prietor   766 

May  prescribe  forms  for  persons  engaged  in  manufac- 
ture of  tobacco 767 


604  INDEX. 

COMM'R  OF  Internal  Kevenue  :    (Continued.)  section. 

May  order  destruction  of  abandoned  or,  condemned 

tobacco,  simtf,  or  cigars 768 

To  prescribe  rules  as  to  refund  on  tobacco,  snuff,  and 

cigars 770 

Also  as  to  inspection  of  cigars,  &c 771 

To  prescribe  form  of  returns  of  bankers  and  banking 

associations 772 

To  assess  omitted  tax  on  manufactured  articles  re- 
moved without  stamp .". 773 

To  establish  rules  for  allowance  of  drawback 774 

May  alter  the  style,  <fec.,  of  stamps,  and  provide  for 

cancellation  of  same 775 

May  establish  mode  and  time  of  assessing  or  collecting 

taxes,  when 776 

May  dispose  of  forfeited  spirits 777 

May  pay  for  detection,  &c.,  of  violation  of  internal- 
revenue  laws ; 779 

To  estimate  expense  by  districts  of  assessing  and  col- 
lecting      780 

To  permit  use  of  distillery  warehousii  by  successors  in 

business 781 

Suits  reported  to 782 

Divisions  of  Law,  Appointments,  Accounts,  Distilled 
Spirits,  Assessments,  Stamps,  and  Kevenue  Agents, 

in  office  of 782-791 

Commissioner  of  Land  Office: 

Appeals  from 1141 

Office  of ;  origin  and  organization  of 1188,  1238 

Charge  of  surveys  and  sale  of  public  lands 1188 

Divisions  of  the  Land  Office;  officers  of  same 1210,  1238 

Secretary  of  the  President  to  sign  land  patents  in 1211 

Duties  of  Commissioner 1212-1237 

Returns  of  public  lands  made  to  him 1214 

To  audit  and  settle  accounts  relative  to  same 1214 

To  furnish  exemplifications  of  patents  or  papers 1215 

Fees  of,  for  same 1215 

Duties  of,  after  completion  of  surveys 1216 

Receives  monthly  returns  of  moneys  paid 1217 

On  his  recommendation.  Land  Office  may  be  discon- 
tinued   1218 

To  entertain  appeals  from  registers  and  receivers 1219 

To  establish  maximum  charge  for  surveys 1220 

To  fix  minimum  price  of  reserved  lands  when  offered 

in  market 1221 

May  correct  error  in  entry  of  lands 1222 

To  approve  contracts  for  surveys  of  public  lands 1223 

His  instructions  to  be  taken  as  part  of  contract 1223 

To  provide  for  ascertainment  of  cost  of  surveying  pri- 
vate land  claims 1225 


INDEX.  505 

Commissioner  of  Land  Office  :    (Continued.)  section. 

To  fix  prices  per  mile  for  public  surveys 1224 

May  cause  survey  of  township  at  cost  of  settlers,  when..  1225 
Ma.y  cause  survey  of  forest  lands  in  Oregon,  California, 

and  Washington  Territory  at  augmented  rates 1226 

May  determine  compensation  for  surveys  in  Oregon 

and  California 1227 

To  regulate  assignment  of  bounty  land  warrants 1228 

To  locate  such  warrants 1229 

To  correct  error  in  location  of  bounty  land  warrant....  1230 
To  adjudicate  suspended  land  entries  and  pre-emp- 
tions   1231 

To  report  adjudications  to  Congress 1232 

To  order  sales  of  fragmentary  tracts  without  Presi- 
dent's proclamation 1233 

Issue  of  new  patents,  on  confirmation  by  board  of  ad- 
judication   1234 

To  decide  cases  for  indemnity  to  States  for  swamp 

lands J 1235 

Encouragement  of  growth  of  timber,  regulations  by...  1236 

To  enforce  all  statutes  relating  to  public  lands 1237 

Kecorder  in  office  of 1239 

Divisions  in  office  of 1238-1260 

Commissioner  of  Patents  : 

Patents  to  be  countersigned  by 1324 

Applications  for  patents  to 1327-1329 

May  require  specimens  or  a  model 1328 

Re-examination  may  be  ordered  of  rejected  applica- 
tion   1332 

May  entertain  appeals  from  Board  of  Examiners 1333 

Applicant  may  appeal  from,  to  Supreme  Court  of  Dis- 
trict of  Columbia 1333 

He  may  still  proceed  by  bill  in  equity,  if  refused 1333 

To  give  appellant  notice  of  time  of  hearing  such  appeal..  1361 

To  furnish  the  court  with  grounds  of  his  decision 1361 

May  be  examined  by  the  court  under  oath 1361 

To  advertise  applications  for  extension  of  patents.  1334, 1363 
May  prescribe  rules  for  register  and  renewal  of  trade- 
mark   1339,1365 

To  give  official  bond 1346 

To  superintend  all  matters  relating  to  patents,  &c 1347 

To  classif}^  and  arrange  models,  specimens,  &c 1348 

Disposition  otherwise  of  models,  &c.,  by  him 1349 

May  refuse  recognition  to  patent  agent,  when ;..  1350 

May  require  papers  filed  to  be  printed 1351 

To  cause  publication  of  specifications,  issues,  &c 1351 

To  determine  price  to  be  paid  for  copies 1352 

Reports  to  Congress  of  moneys  received 1353 

Also  list  of  patents  issued 1353 

Papers  authenticated  by,  evidence  in  court 1355 


506  INDEX. 

Commissioner  of  Patents  :    (Continued.)                  section. 
Charged  with  care  of  the  collection  of  exploring  expe- 
dition   1354 

His  examination  of  applications  for  patent  and  issue  of 

same 1357 

May  extend  time  of  filing  applications 1357 

To  notify  claimants  of  rejection 1358 

To  determine  priority  in  case  of  interference 1359 

To  prescribe  rules  for  taking  evidence  in  patent  cases-  1360 

To  receive  payment  of  patent  fees 1364 

To  regulate  the  registry  of  trade-marks 1366 

Restriction  upon,  as  to  such  registry 1366 

To  regulate  transfer  of  trade-marks'. 1367 

Duties  as  to  registry  of  prints  and  labels 1368 

To  furnish  volume  of  patent  specifications  and  draw- 
ings to  each  executive  department 1369 

Commissioner  of  Pensions  : 

To  issue  bounty  land  warrants 1202 

Office  of,  ori,2:in 1279 

To  execute  the  pension  and  bounty  land  laws 1280 

To  appoint  person  to  sign  bounty  land  warrants  for  him..  1281 

To  detail  clerks  to  investigate  fraud 1282 

May  regulate  admission  of  evidence  of  military  service..  1283 
To  review  proof  on  which  bounty  land  warrant  issued..  1284 
Certificate  of  examining  surgeon  subject  to  his  approval..  1285 
May  designate  persons  to  adralnisteroaths  to  applicants 

for  pensions 1286 

Ma}"-  accept  oath  administered  otherwise 1286 

May  suspend  payment  of  pension,  when 1287 

To  furnish  blanks  and  instructions  to  applicants  for  pen- 
sions   1288 

To  notify  applicant  on  issuing  certificate 

To  forward  to  pension  agent  applicant's  agreement  with 

his  attorney  as  to  fees 1289 

To  direct  fee  to  be  paid  in  certain  case 1289,  1290 

To  cause  invalid  pensioners  to  be  examined  at  intervals..  1291 

May  organize  boards  of  examining  surgeons 1292 

Has  control  of  medical  referee 1293 

May  appoint  civil  surgeons  to  examine  invalids,  &c 1294 

May  make  personal  examination 1294 

May  pay  money  commutation  in  lieu  of  artificial  limbs..  1295 

General  duties  of  office  of 1296 

Deputy,  duties  of 1306 

Office  of,  organization  of 1307,  1308 

Divisions  in  office  of,  duties  of 1309-1318 

Compasses  : 

Superintendent  of,  ofllce  of 1090 

Compromise  : 

By  Sixth  Auditor  and  Postmaster-General  la  post-office 
clainis,  &c 646,  845 


INDEX.  507 

COMPBOMISE :    (Continued.)  SBcnaK. 

In  interval-reveuiie  cases. 232,  408,  754.  965 

Of  daims generally,  proceedings  required,  &c.  408, 1008, 10S2 
Of  portal  claim& 845 

COKFTBOUiER  OF  THE  CURRENCY  : 

Office  of,  origin,  &<i..  appointment 792 

Duties  of,  term  of  office  and  bond 794-825 

Deputy,  duties  of,  bond,  &C- 793 

Deputy  not  to  be  interested  in  national  banking  asso- 

ciations- ...^ 793 

Chiefs  of  Division  in  office  oL.... 793 

Annual  report  to  Congress,  what  to  contain 795 

Xot  to  be  interested  in  national  banks 794 

Certificate,  &c.,  executed  by  him,  evidence  in  court-  796,  797 
Increase  and  reduction  of  bank  stock  to  be  valid  only 

on  his  approval 798,  799 

His  authority  requisite  to  commencement  of  national 

bank 798 

Installments  of  stock  paid  to  be  certified  to 798 

To  authorize  banks  to  commence  business 798 

To  determine  increase  of  bank  stock 799 

To  approve  reduction  of  capital  stock  of  national  banks-  800 

To  receipt  to  banks  for  deposit  to  secure  circulation....  801 
His  countersign  requisite  to  assignment  of  any  bonds  so 

deposited 801 

To  keep  book  to  record  such  assignments,  &c 808 

Has  access  to  Treasurer's  books  of  deposits  of  bonds...  803 

Treasurer's  books  open  to  him 804 

To  give  power  of  attorney  to  banls  having  bonds  on 

deposit,  to  receive  interest  due 805 

31ay  receive  additional  security  when  deposited  bonds 

become  depreciated 805 

May  permit  exchange  of  dejjosited  bonds,  when 805 

To  surrender  bonds  on  cancellation  of  circulation 805 

To  satisfy  himself  of  legality  of  organization  of  national 

banks- 806 

May  permit  banks  to  commence  business,  when 806 

To  issue  circulating  notes  to  banks,  when 807 

To  cause  notes  and  plates  to  be  prepared,  form  of, 

&c 303,808 

To  have  costody  of  notes  and  plates 808 

To  replace  woriMNit  notes. 811 

May  issue  gold  notes  to  national  banks- 812 

To  notify  banks  to  make  good  their  reserve 813 

On  failure  to  appoint  a  receiver 813 

To  give  notice  of  banks  selected  by  others  to  riMJeem 

circulation- 814 

To  appoint  receiver  on  failure  of  banks  to  provide  for 

redemption 814,  820 

To  enforce  payment  of  deficiency  in  capital  stock- 815 


508  INDEX. 

Comptroller  of  the  Currency  :    (Continued.)       sectiox. 

To  call  for  special  reports  as  to  condition  of  banks 816 

May  ascertain  as  to  failure  to  redeem  notes 817 

To  give  notice  to  noteholders  of  redemption,  when 818 

May  sell  deposited  bonds  of  banks  or  cancel  the  same, 

when 818,  819 

When  to  make  dividends  to  creditors  of  banks 821 

To  institute  suit  for  forfeiture  of  bank  franchise 822 

To  appoint  receiver  on  insolvency  of  a  bank 823 

To  examine  into  affairs  of  national  banks 824 

Savings  banks  to  report  to 825 

Divisions  in  office  of 826-829 

Congress  : 

President  may  convene,  in  extra  session 6 

W!ien  the  President  ma}''  adjourn  the  same 6 

Bills  passed  by,  to  be  submitted  to  the  President 9 

President  may  convene,  elsewhere  than  at  the  Capital, 

when 11 

Bills  passed  by,  to  be  received  by  Secretary  of  State...      58 

Acts  of,  where  lodged,  &c 90 

•  Accounts  of,  where  settled 499,  566 

Officers  of,  to  be  defended  in  court  by  the  Attorney- 
General , 966 

Constitution  : 

Amendments  to,  published  by  Secretary  of  State 60 

Construction  Branch,  Treasury  : 

Duties  of 471-^73 

Construction  and  Kepair  : 

Bureau  of,  Navy  Department,  duties 1085 

Consular  Bonds: 

Approval  of,  by  Secretary  of  State 67 

Consular  Bureau,  State  Department  : 

Business  transacted  in 82-85 

Chief  of 82 

Consular  Officers: 

Description  of 79 

Regulations  for,  published  by  State  Department 80 

Reports  required  of,  as  to  foreign  commerce,  &c 83,  84 

Contracts  : 

Prohibited  for  payment  of  moneys  exceeding  appro- 
priations       50 

To  be  made  after  advertisement  only,  except 51 

Proiiibited  for  longer  than  one  year,  when 52 

Reports  of,  to  Congress  by  Secretary  of  War ., Ill 

Copies  of  certain,  to  be  filed  in  Returns  Office 139,  1182 

Officers  making,  to  be  furnished  with  forms,  &c 140 

For  Quartermaster  Department  supplies 164 

For  Subsistence  Department  supplies 169 

To  be  reported  to  Congress  by  the  Secretary  oiE  the 
Treasury 255 


INDEX.  509 

Contracts:    (Continiied.)  sectiok. 

For  materials  for  liglit-liouses 453 

Filed  in  office  of  First  Comptroller 503,  508 

For  carrying  the  mail..  842.  893,  89S,  900,  901,  902,  907,  909 

Division  of,  in  Post  Office  Department 936 

Default  in,  for  public  printing  paper,  prosecution  of...  1014 

Of  Navy  Department,  report  of,  to  Congress 1040,  1069 

For  supplies  of  navj^  under  direction  of  the  Secretary 

of  theXavy^ 1066,1068 

For  tobacco  may  be  made  by  the  Secretary  of  the  N'avy..  1070 
Of  navy  to  be  in  writing  and  copies  tiled  in  Keturns 

Office 1072 

Of  War  and  J^avy  to  be  filed  in  Returns  Office 1117 

Officers  authorized  to  make,  to  have  printed  instruc- 
tions and  blanks 1073,  1154 

For  paper  for  public  printing  to  be  approved 1155 

For  survey  of  public  lands 1223, 1247 

Counterfeiting  : 

Suppression  of 441-443 

Courts  op  United  States  : 

Accounts  of  officers  of,  settled  by  First  Auditor.  548,  560,  971 

Clerks  of,  official  bonds  of 972 

Customs  : 

Statement  of  exports  and  imports  to  be  furnished  Pub- 
lic Printer  annually 194 

Free  entry  certain  goods 197 

Adulterated  drugs  and  medicines..". 198 

Entry  without  invoice  ma}'  be  authorized 205 

Sugars,  standard  of 206,  207 

Proof  of  liquors 208 

Bond  to  produce  proof  of  character  of  imports 209 

Appeals  to  Secretary  of  Treasury  from  exaction  of 

duties 210 

Appraiser  to  act  out  of  his  own -district,  when 211 

Rules  for  appraisement  to  be  prescribed  by  Secretary 

of  Trea.'?ury 211 

Stoj-es,  yards,  and  cellars  for  bonded  goods,  lease  of...     212 

Sales  of,  bonded  goods,  proceeds  of 213 

Free  duty  to  foreign  war  ves.sels  on  purchase  from 

warehouse 214 

Abatement  and  refimd  of  duty  in  certain  cases 215 

Transportation  of  dutiable  goods  under  bond 216-218 

Refund  of  duties,  remission  of  same 219,  242,  249,  546 

Drawback  and  debentures 220,  221 

Extension  and  cancellation  of  export  bonds 222 

Internal-revenue  exports 228 

Alcohol  free  of  duty  to  scientific  institutions 233 

Importation  of  cattle  ma}'  be  prohibited,  when 306 

Appeals  to  Secretary  of  the  Treasury  from  collector's 
decision 386,  387,  391 


510  INDEX. 

Customs  :    (Continued.)  section. 

Collector's  decision  conclusive,  when 387 

Secretary's  decision  final  unless  suit  brought,  when 388 

Divisionof,  in  Treasury,  duties  of 386-395 

Entry  of  imported  merchandise  described 390 

Warehouse  bonds,  approval  of 392 

Bonded  routes  and  common  carriers 393,  440 

Transportation  of  goods 393,  439,  440 

Investigation  of  frauds  in  transportation... 398 

Invoices  and  entries,  correction  of  errors  in 394 

Correspondence  with  consular  officers 394 

Duties  of  division  as  to  entry,  appraisal,  and  delivery  of 

goods 394 

As  to  dutiable  values 394 

Supervision  of  appraisers 394 

Seal  fisheries  in  Alaska 394 

Compromise  customs  cases 395 

Division  of  Special  Agents,  Treasury 436-440 

Special  agents'  accounts 436 

Smuggling  and  frauds,  prevention  of 437 

Supervision  of  officers  of 438 

Warehouse  bonds,  supervision  of 440 

Customs  accounts,  settlement  of 629,  554 

Customs  Division,  offices  of  Commissioner  of  Customs 

and  First  Auditor 538,  554 

Warehouse,  export,  and  transportation  bonds 539,  540 

Bond  account  of,  officers 541 

Official  bonds  of  officers  of,  where  filed 545 

Judgments  against  officers  of,  how  paid 546 

Assenting  opinion  of  Attorney-General  requisite  to  re- 
versal, &c.,  of  ruling  in  customs  cases 980 

D 

Dead  Letters  : 

Postmaster-General  to  provide  for  return  of 892 

Division  of,  in  Post-Office  Department 945 

Described 946 

Departihents  :    (See  Executive  Departments ;  also  State, 
War,  &c.) 
In  case  of  death,  resignation,  &c.,  of  head  of,  how  sup- 
plied..       12 

Diplomatic  Officers: 

Description  of -  78 

Organization  and  duties  of  Bureau  of,  in  State  Depart- 
ment       86 

Accounts,  where  settled 499 

District  of  Columbia: 

Funds  of,  on  deposit  with  United  States  Treasurer 719 

Three-sixty-five  bonds  of 293 


INDEX.  611 

District  Attorneys:                                                section. 
May  be  allowed  compensation  by  Secretary  of  Treas- 
ury, when 224 

Uniolument  accounts  of 985 

Disbursing  Agents,  Disbursement  of  Public  Moneys  : 

Head  of  department  may  employ 30,  48 

Disbursements  b}^,  subject  to  inquiry 153 

Bonds  of  agents,  Seci-etary  of  the  Treasury  to  direct 

penalty 252 

Collectors  of  internal  revenue  as 259 

Special  agents  to  disburse 263 

May  be  suspended,  when 269 

May  be  allowed  additional  expenses 270 

Instructions  to,  as  to  deposit  of  funds 379 

Regulations  as  to  accounts  of,  with  depositary 383 

Duplicates  of  lost  and  destroyed  checks  of,  to  issue 384 

Disbursing  clerks  of  Treasury,  duties  of 444,  445 

War  and  Navy  disbursing  officers,  accounts  settled  by 

whom 520 

Of  Medical  Department,  accounts  of 520 

Of  Ordnance  Department 520 

Accounts  of  War  Department  contingencies 520 

Of  Quartermaster's,  Subsistence,  and  Engineer  De- 
partments      520 

Of  pension  agents 520 

Accounts  of,  disbursements  for  relief  of  freedmen 520 

Of  marine  corps 520 

Of  navy  paymasters  and  navy  agents 520 

For  navy  pensions 520 

Bonds  of  disbursing  officers  of  War  and  Navy,  where 

filed : 522 

Disbursing  accounts  of  executive  departments  at  Wash- 
ington, where  settled 566 

Disbursements  by  Treasurer  on  warrant  of  Secretary..     706 

Disbursements  in  Department  of  Justice 985 

Bonds  of  disbursing  clerks  subject  to  approval  by 

Solicitor  of  Treasurj^ 1005 

Division  of  Disbursements,  Interior  .Department 1170 

To  deposit  funds  with  Treasurer  of  United  States 719 

Docuaients  : 

Congressional  Printer  to  be  furnished  with,  by  depart- 
ment, when 42 

Distribution  of,  to  courts  of  United  States 1108 

Distribution  of,  by  Secretary  of  the  Interior 1107-1113 

Superintendent  of,  to  be  appointed 1116 

Division  of.  Interior  Department 1179 

Drawbacks  and  Debentures  : 

Authority  of  Secretary  of  Treasury  as  to ^220,  221 

Fraudulent  claims  for 234 


512  INDEX. 


Education,  Bureau  op  :  section. 

Origin  and  duties  of. 1370 

To  collect  statistics  of  education *1371 

Commissioner  at  head  of 1372 

Divisions  in  and  organization  of 1373-1376 

Engraving  and  Printing,  Bureau  of  : 

Duties  of 474 

Engineers,  Chief  of  Bureau  of  : 

Appeals  from  decisions  of,  as  to  Washington  Aqueduct..    136 
Keports  as  Superintendent  of  Public  Buildings  and 
Grounds 136 

Equipment  and  Kecruiting: 

Duties  of  Bureau  of 1084 

Estimates  of  Expenditures  and  Appropriations  : 

Heads  of  departments  to  specify  what 49 

Report  of  Secretary  of  War  as  to 110 

For  Quartermaster's  Department  of  the  army , 163 

For  Paymaster-General's  Department 167 

Fiscal  year  for,  commences  when 184 

Reports  to  Congress  by  heads  of  departments 272-274 

Book  of  estimates,  how  compiled 360 

By  Secretary  of  Navy. 1034,  1041 

For  Interior  Department,  how  prepared 1172 

Evidence  : 

Autlientication  of  papers  by  heads  of  executive  depart- 
ments       45 

Transcript  of    account  is,   of    balances    due    United 

States 580,  594,  646,  652,  675 

In  post-office  suits , 646,  652 

Certificate  of  Comptroller  of  Currency,  &c 796,  797 

Copies  of  papers  under  seal  of  Solicitor  of  Treasury 1003 

Copies  of  papers  certified  by  Commissioner  of  Land 

Office 1215 

Copies  of  papers  certified  by  Commissioner  of  Patents.  1355 
In  patent  cases,  rules  may  be  prescribed  for 1360 

Examiner  of  Claims.  State  Department: 

Duties,  &c.,  of ". 93 

Under  supervision  of  Attorney-General 954 

Executive  Departments  : 

President  may  require  written  opinions  from 3 

Acts  of,  are  acts  of  the  President 23,  25 

Head  of  each  a  constitutional  adviser  of  President,  &c..      25 

Heads  of,  general  functions  and  duties 25,  26 

Clerks  in,  examination,  &c 27 

Disbursing  clerks  in 28 

Chief  Clerks  in,  duties  generally 29 

Speci!il  agents  in,  bond,  &c 30 

Hours  for  transaction  of  business  in 31 


INDEX.  513 

Executive  Departments  :    (Continued.)  section. 

Legal  holidays  in 32 

In  absence  of  head  of,  who  to  perform  duties 34 

In  absence,  &c.,  of  head  of  a  bureau  of,  who 34 

Officer  or  clerk  to  administer  oaths,  when 35 

May  have  services  of  counsel,  whe!i 36 

Heads  of,  not  to  employ  attorneys,  &c 38 

•May  have  advice,  &c.,  of  officers  of  the  Department  of 

Justice,  when 38 

Head  of,  may  not  change  a  balance  of  account  stated 

by  an  accounting  officer 39 

Decision  of  Comptroller  therein,  conclusive  upon 39 

Head  of,  to  report  expenditures  of  contingent  fund....  40 
Clerks  in,  head  of,  to  report  number,  &c.,  to  Congress..  41 
Heads  of,  to  furnish  Congressional  Printer  with  docu- 
ments, when 42 

Title  to  land  for  public  buildings,  examination  re- 
quired by 43 

Opinion  of  Attorney-General  may  be  required  by  head 

of 44 

Authentication  of  papers  by 45 

Claims  on,  may  be  sent  to  Court  of  Claims  by,  when...  46 

May  refuse  to  comply  with  call  of  Court  of  Claims,  when..  47 

May  employ  disbursing  agents 48 

Prohibited  from  expending  in  excess  of  appropriations..  50 
Contracts  by,  prohibited,  involving  payments  in  excess 

of  appropriations 50 

Contracts  to  be  made  by,  on  advertisement,  except 51 

Contracts  by,  prohibited  for  longer  than  a  j'ear 52 

To  have  printing,  binding,  &c.,  done  at  Government 

Printing  Office 53 

To  be  furnished  with  volume  of  patent  specifications...  1369 

Advertisements  by 53 

Commissioner  of  Fish  and  Fisheries  to  have  aid  from...  54 

Estimates  by  heads  of 272,  273,  274 

Head  of.  may  send  claim  to  Court  of  Claims 336 

Form  of  requisitions  for  moneys  from  Treasury 364 

Accounts  of,  where  settled 499,566 

To  be  furnished  legal  counsel  and  services  by  Attornev- 

General,  when 962,  969 

Suits  in  Court  of  Claims  affecting 963 

Exports  and  Imports.    (See  Customs.) 
Extradition  of  Criminals: 

Proceedings  as  to,  by  Secretary  of  State 72 


Fifth  Auditor: 

Origin  and  organization  of  office  of 630,  633 

Greneral  duties ;...     631 

33 


514  INDEX. 

Fifth  Auditor:    (Continued.)  section. 

Accounts  settled  by ,,.„ 631,  636 

Deputj^  duties  of 633 

Diplomatic  and  consular  accounts  adjusted  in 634,  636 

Finance : 

Division  of,  in  Post  Office  Department 942 

Fines,  Penalties,  and  Forfeitures  : 

Remission  of 223,  329,  409,  410 

Remission  of,  by  Postmaster-General  and  Sixth  Audi- 
tor   648,  845 

For  cutting,  &c.,  ship  timber  for  benefit  of  naval  pen- 
sion fund 1076 

Mitigation  of,  by  Secretary  of  the  Navy 1076 

On  navy  to  be  applied  to  navy  hospital  fund ,. 1081 

First  Auditor: 

Origin  of  office  of „ 547 

General  duties  of 548-551 

Accounts  subject  to  his  adjustment 548 

Mode  of  certifying  accounts 549 

Prohibited  from  trading  or  purchase  of  public  securi- 
ties, &c 550 

Required  to  audit  account  on  direction  of  Comptroller..    551 

Deputy,  duties  of 552 

Organization  of  office  of,  into  divisions 553 

Customs  Division,  duties  of 554-558 

Accounts  of  customs  officers,  different  classes 

of 540-543,  554-557 

Fines,  penalties,  and  forfeitures,  accounts  of 543 

Public  Debt  Division,  duties  of 559 

Judiciary  Division,  duties  of 560 

Warehouse  and  Bond  Division,  duties  of 564,  565 

Treasurer  of  the  United  States,  accounts  settled  by 566 

Mints  and  assay  offices,  accounts  of 566 

Disbursing  accounts  of  departments  at  Washington.. ,    566 
First  Assistant  Postmaster-General: 

Divisions  in  office  of 929 

First  Comptroller: 

Warrants  of  Secretary  for  moneys  to  be  charged  on 

books  of 276 

To  countersign  same,  also  Treasurer's  drafts  on... 365 

Origin  of  office  of 494 

Duties  of 496-508 

Accounts  settled  by 499 

J)uty  as  to  adjustment  and  preservation  of  public  ac- 
counts      496 

To  superintend  recovery  of  debts  and  direct  suits...  496,  502 
To  direct  First  and  Fifth  Auditors  to  settle  particular 

accounts,' when 497 

To  report  annually  to  Congress  delinquent  officers 498 

To  approve  bond  of  Treasurer  of  the  United  States, 


INDEX.  515 

First  CoMPTROiiLER  :    (Continued.)                             section. 
Secretary  of  Senate,  and  Clerk  of  the  House  of  Rep- 
resentatives....   500 

Prescribes  penalty  of  bond  of  collector  of  internal  reve- 
nue   500 

To  report  delinquent  officer  to  Solicitor  for  suit 50^ 

To  add  commissions  and  interest  to  account  when  suit 

brought 502 

To  file  contracts 503,  508 

Not  to  engage  in  trade  or  in  purchase  of  public  lands 

or  securities 504 

Deputy  Comptroller,  duties  of 505 

Chiefs  of  Division  in  office  of 506 

General  duties  of  office 507 

Ledger  appropriation  accounts  kept  in  ofiice  of. 507 

Power  of  attorney  for  collection  of  moneys  filed  in  oflSce 

of 508 

Official  bonds  filed  in  his  office 508 

Appeals  to,  from  decision  of  Sixth  Auditor 642,  837 

Fiscal  Year  : 

When  to  commence 184 

Foreign  Relations  : 

Secretary  of  State  to  report  on ,  62 

Diplomatic  Bureau,  duties  as  to  information  obtained,.  86, 87 

Foreign  Postage  : 

On  letters  detained  in  foreign  countries 68 

Foreign  Mails: 

Ofiice  of,  duties 948 

Accounts  of 949 

Fourth  Auditor:  * 

General  duties  of. 613 

Accounts  settled  by 613 

To  keep  account  of  receipts  and  expenditures  of  navy..  614 

To  receive  and  preserve  accounts. 614 

To  record  requisitions  of  Secretary  of  the  N"avy....  614,  628' 

To  report  application  of  navy  appropriations 614 

Accounts  of  lost  or  captured  vessel,  how  settled 615 

Disbursements  by  order  of  commander,  allowance  of...  616 

Accounts  of  seamen  on  wrecked  vessels 617 

To  determine  day  of  loss  of  unheard-of  vessel 617 

Mode  of  settlement  of  accounts  in  such  cases 61T 

To  allow  compensation  for  loss  of  effects  on  lost  ves- 
sel   617,  618 

Certified  transcript  of  account  by,  evidence  in  suit 619 

Deputy,  duties  of 620 

Organization  of  ofiice  of 621 

Divisions  in  office  of ,  duties  of 622-629 

Accounts  for  pay  of  navy  and  marine  corps,  settled 

where * 622 

Navy  agents'  accounts  settled  by 623 


516  INDEX. 

Fourth  Auditor:    (Continued.)  section. 

Allotments  of  officers' pay  settled  by 623 

Claims  for  prize-money 624 

Navy  pensions  settled  in  Navy  Pension  Division  of 625 

All  accounts  journalized  in  Book-keeper's  Division....  628 

^    Claims  for  back  pay,  accounts  of  decedents,  &c 629 

Frauds : 

Officer  or  clerk  of  department  to  administer  oath  on 

investigation  of 35 

In  regard  to  license  to  trade  with  insurrectionary  States..  330 

Checks  upon,  in  Third  Auditor's  office 610 

Free  Dedivery: 

Of  mail  matter,  Division  of,  duties 930 

Freedmen  : 

Hospital  for 1164 

<> 

Gold  Certificates: 

May  issue,  on  gold  deposits 254 

Receivable  in  payment  of  duties 254 

H 

Homestead  Entry.    (See  Public  Lands.) 

Hospitals  : 

For  navy  in  charge  of  Secretary  of  the  Navy 1081 

Fund  for  navy,  how  derived 1081 

Sites  for  naval,  to  be  procured  by  Secretary  of  the 

Navy 1082 

For  freedmen.  District  of  Columbia 1164 

Hospital  Stewards: 

Secretary  of  War  to  appoint 127 

Hydrographic  Office: 

Attached  to  Bureau  of  Navigation,  Navy  Department..  1088 
Purpose  of 1088 

I 

Indians,  Indian  Affairs,  &c.  : 

Ute  tribe  of.  Secretary  of  the  Treasury  to  set  apart 
fund  for -. : 295 

Accounts  of  agents,  settled  by  whom 620,  578,  582 

Superintendent  of,  and  Indian  agents,  official  bonds, 
where  filed 522 

Contracts  for  transportation  in  Indian  service,  where 
filed 522 

Stocks,  bonds,  &c.,  in'trust  for,  in  custody  of  Treas- 
urer of  the  United  States 716 


INDEX.  517 

Indians,  Indian  Affairs,  &o.:    (Continued.)  section. 

Claims  arising  under  treaties  with 1105 

Sale  of  arms  in  Indian  country  to  be  prohibited 1106 

Kegulations  for  government  of  Indian  agents. 1119 

Bonds  of  Indian  agents 1119 

Limits  of  Indian  agencies  to  be  prescribed 1120 

Purchase  and  distribution  of  goods  for 1122 

Disbursement  of  annuities  to 1123 

Investment  of  Indian  funds. 1124 

Moneys  to  be  withheld  from 1125 

Contracts  with,  oversight  of 1126,  1132 

Payment  to  incompetent  or  orphan 1128 

.  Expenditures  for,  to  be  under  supervision  of  Board  of 

Commissioners 1185-1187 

Payment  of  moneys  withheld  from 1129 

Buildings  on  Indian  lands  reverted  to  the  United  States, 

sale  of 1130 

Traders  selling  arms,  &c.,  to  be  excluded  from  Indian 

country 1131 

Certain  Indian  tribes  may  be  excepted  from  labor  rule.  1133 

Division  of  Interior  Department,  duties  of... 1173 

Accounts  of  Indian  agents,  &c.,  examination 

of 1174,  1262,  1274 

Trust  funds  of,  accounts  of,  examined 1175 

Osage  Indian  trust  lands 1252 

Under  management  of  Commissioner 1261 

Traders  to,  may  be  appointed 1270 

Purchase  of  goods  for 1264,  1270 

Supervision  over  contracts  with 1265,  1266,  1269 

Licensing  and  appointing  of  Indian  traders..  1267,  1270,  1276 

Persons  may  be  removed  from  reservations 1268 

Hostilities  of,  to  be  reported  to  Congress 1268 

Accounts  for  Indian  supplies,  where  settled 1273 

Indian  lands  and  reservations 1275 

Depredations  by 1276 

Medical  and  educational  affairs  of 1276,  1277 

Trust  fund  bonds  of,  where  deposited 727 

Indian  Commissioners,  Board  of  : 

Action  to  be  revised  by  Secretary  of  the  Interior 1127 

Origin  and  purpose  of 1184 

To  supervise  expenditures  of  moneys  for  the  Indian^..  1185 

Powers  of  members  of 1186 

To  examine  and  approve  accounts  of  contractors  for 
Indian  supplies 1187 

Indian  Division: 

Second  Comptroller's  office,  duties  of 525 

Informers  : 

Compensation  to,  in  certain  cases 229,  246 

Compensation  adjusted  in  Navigation  Division 407 


518  INDEX. 

Insane  Persons:  section. 

In  the  army,  admission  to  Grovernment  Hospital 142 

Convicts,  Attorney-General  to  provide  for  confinement 

of 978,  979 

Of  navy  to  be  confined  in  hospital 1060 

Secretary  of  the  Interior  to  appoint  superintendent  of 

hospital  for ..-, 1161 

Admission  to  hospital  for 1162 

Convicts  confined  in  same  by  order  of  Secretary  of  the 

Interior 1163 

Insolvent  Debtors: 

Discharge  of,  by  Postmaster-General 844 

Inspection  : 

Division  of,  in  Post  OflSce  Department 939 

Inspector  of  Customs  : 

May  be  assigned  duties  of  naval  oflice,  when 202 

Compensation  of,  may  be  increased,  how 204 

Inspector-General's  Office  : 

Duties  of ., 178 

Insurrection  and  Rebellion: 

President  may  suppress 19,  20 

Investigation  of  frauds  in  obtaining  or  using  license  to 

trade  between  States,  &c 330 

Prohibition  on  transportation  of  vessel  or  goods  to  State 

in  rebellion 331 

Interior  Department  :    (See  Secretary  of  Interior.) 

Disbursing  clerk  of,  accounts,  where  settled 636 

Assistant  Attorney-General  detailed  as  Solicitor  of, 

duties  of 984,  1167 

Origin  and  organization  of 1096,  1097 

Internal  Revenue  :    (See  Commissioner  of  Internal 
Revenue.) 

Accounts  to  be  kept  separate  by  States,  &c 185 

Deputy  Commissioner  of,  duties  to  be  prescribed 195 

Collectors  may  be  allowed  additional  compensation 227 

Collectors  at  certain  ports  may  have  charge  of  exports...    228 
Distraint  of  property  for  taxes  and  restoration  of  sur- 
plus of  sales  under 230 

Award  of  compensation  to  informer,  when 229 

Abatement  of  taxes  on  distilled  spirits,  when 231 

Compromise  in,  by  Seci-etary  of  the  Treasury,  Attor- 
ney-General, and  Commissioner 232,  965 

Alteration  of  stamps,  &c.,  may  be  authorized  by  Secre- 
tary of  the  Treasury 235 

Restoration  of  proceeds  of  goods  sold 236 

Frauds  on,  detection  of,  accounts  of,  &c 237,  636 

Collectors  of,  as  disbursing  agents 259 

Depositaries  may  be  designated  to  receive  moneys  of...    260 
Fermented  liquors  and  articles  in  Schedule  A,  draw- 
back on 261 


INDEX.  519 

Internal  Eeventje  :    (Continued.)  section. 

Duties  of  Division  of,  in  Secretary's  ofHce 396-411 

Drawbacks  adjusted  in  tliat  division 406 

Informer's  sliares  also 407 

Compromise  of  claims,  suits,  &c 408,  754 

Kefuud  and  abatement  of  taxes,  accounts,  and  claims 

for 231,  411,  636,  783 

Lands  sold  under  direct  tax  law 411 

Alcoholic  spirits  free  for  scientific  institutions 411 

Accounts,  where  settled 499,  636,  786 

Bond  of  collector,  as  disbursing  agent,  penalty  fixed 

by  Comptroller 500 

Accounts  of  Commissioner  of,  settled  by  whom 631,  636 

Division  of,  in  office  of  Fifth  Auditor 635 

Expenses  of  office  of ;  accounts  for. 636 

.  Stamp  accounts  for,  where  settled 636 

Collectors'  accounts,  settlement  of 636 

Stamp  agents' accounts 636,'790 

Agents,  survej'^ors  of  distilleries,  accounts  of 636 

Duties  of  Solicitor  of 732 

Suits  for  refund  of  tax  or  penalty,  limitation  on 753 

Special  taxes,  stamps,  &c.,  questions  as  to 784 

Distraints  for  taxes  due 784 

Lands  acquired  in  payment  of  taxes 784 

Distilled  Spirits,  Division  of,  and  system  of  taxation...     787 

Distillery,  bonded  warehouses 787 

Withdrawal  of  spirits 787 

Rectified  spirits,  process  in  regard  to 788 

Issue,  safe-keeping,  &c.,  of  stamps,  accounts,  &g 790 

Revenue  Agents,  Division  of. i 791 

Commissioner  of,  duties 734 

Collector  of,  bond  approved  by  Solicitor  of  Treasury...  1005 

J 

Japan : 

Court-house  and  jail  for  American  convicts  in. 69 

Judiciary  : 

Accounts  settled,  Ivhefe 499,  560 

Justice,  Department  of:  ; 

Officers  of,  to  give  advice  to  other  departments 956,  959 

To  be  furnished  by  Sixth  Auditor  wjth  evidence  for 

suit : 646 

Origin  and  organization  of 953-955 

Officers  of,  and  their  general  deities 954-957 

Distribution  of  statutes,  reports,  &c.,  to  courts  by 958 

To  prosecute  post-office  suits 967 

Requisitions  on  appropriations  for,  to  be  issued  by 

Attorney-General 971 

OflSce  of  Solicitor  of  Treasury  in 985,  986 

Supreme  Court  reports  to  be  furnished  to.;...... 1108 


520  INDEX. 


L 

Labels.    (See  Prints,  &c.)  •  section. 

Lands.    (See  Public  Lands.) 

Letter  Boxes  : 

May  be  established,  by  whom 875 

Letter  Carriers  : 

Salaries  of,  fixed  by  whom 873,  874 

Uniform  to  be  prescribed,  by  whom '873,  874 

Life-saving  Service: 

Establishment  of  stations  in 314-316,  493 

Sale  of  materials  belonging  to 316 

Origin  and  organization  of 493 

Remission  of  penalties  incurred 316 

Award  of  medals  for  life  saving ,493 

General  superintendent  of,  duties,  &c 493 

Light-house  Board  : 

Secretary  of  Treasury  president  ex  officio  of 320 

Secretary  of  Treasury  may  discontinue  lights,  when...     321 

Assignment  of  keepers  and  compensation 321 

Re-establishment  of  lights 321 

Revenue  Marine  Division,  duties  of,  as  to 427 

Duties  of 446-457 

Officers  of;  election  of  chairman 446,  447 

Times  of  meetings,  &c 448 

Secretary  of  Treasury  may  convene 448 

To  furnish  estimates  of  expenditures 450 

To  purchase  sites  for  ligli  t-houses,  when 451 

To  prepare  plans,  &c.,  for  construction  of 452 

Materials  to  be  procured  bj^  contract 453 

To  arrange  light-house  districts 454 

To  markall  pier-heads 456 

Clerical  business  in  office  of 457 

Accounts,  where  settled 557 

Light-house  Property  : 

Sale  of,  by  Secretary  of  Treasury,  when 240 

Loans  and  Currency,  Division  of  : 

Duties  of ..^ 412-422 


Supervision  of  bonded  debt 412 

Account  and  record  kept  by 412 

N^umber  of  loans  outstanding 413 

Pacific  railroad  bonds 413 

Funded  loans  of  1891  aad  1907,  4  and  4J  per  cent..  414,  415 

Same  to  be  exchanged  for  five-twenty  bonds 415 

Public  calls  for  five-twenties 416,  417 

Statement  of  bonded  debt 417 

Caveats  filed  in  this  division 419 

Duplicates  of  lost  or  destroyed  bonds  issued  by 419 

Gold  and  currency  certificates 420 


INDEX.  521 

Loans  and  Currency,  Division  op  :  (Continued.)     section. 

District  of  Columbia  securities 420 

Redeemed  and  mutilated  notes  and  currency 421 

Distinctive  paper  for  United  States  notes  and  securi- 
ties   422 

Account  of,   kept  with   Bureau  of   Engraving   and 

Printing 422 

Paper  for  internal-revenue  stamps 422 

Duties  of,  in  Treasurer's  office 724 

LOUISVIIiLB  AND  PORTLAND  CANAL.  : 

Expenses  ascertained  and  rates  of  toll  fixed  annually,.    lo4 

M 

Mackinac,  Island  of  : 

National  Park  on 147 

Mail  Contractors: 

Deductions  from  pay  «f 898 

Fines  on,  may  be  imposed  by  Postmaster-General 910 

Mail  Equipment  : 

Division  of,  in  Post  Office  Department 940 

Mail  Depredations  : 

Expenses  of  investigation  may  be  advanced  by  Post- 
master-General  ". 926 

Stolen  property  may  be  returned  to  owner 927 

Office  of,  in  Post  Office  Department,  duties  of 952 

Marine  Corps  : 

Pay  accounts  of,  settled  by  Fourth  Auditor 622 

Marine  Hospitals: 

Appointment  of  Supervising  Surgeon  of;  office  and 
duties  of 325,  475-479 

Disposition  of  fund  collected  for 326 

Sale  and  lease  of  buildings 327 

Accounts  for  expenses  of,  where  settled 557 

Fund  for  support  of 478 

Medicine  and  Surgery: 

Bureau  of,  in  Navy  Department,  duties  of 1094,  1095 

Meteorological  Observations  : 

Secretary  of  War  to  provide  for '104 

Militia  : 

Returns  of,  to  be  reported  by  Secretarj^  of  War,  &c.  114, 133 
Military  Justice,  Office  of  : 

Duties  of 177 

Military  Prison: 

At  Rock  Island 132 

Military  Warrant  Division  : 

In  Land  Office,  duties  of ...• ••• 1253 

Examiners  as  to  assignments  of  land  warrants  and 
scrip 1253 

Prepares  revolutionary  and  Virginia  military  scrip 1253 


522  INDEX. 

Mineral  Lands.    (See  Public  Lands.)  sECTidx. 

Mints  and  Assay  Offices: 

Bonds  of  offlcere  of 262 

Coinage  and  assay  of  bullion 304 

Coinage,  &c.,  under  superintendence  of  Director  of....  304 

Bureau  of  tbe  Mint,  duties  of » 458-470 

Assay  offices,  where  situated 460 

Officers  of  each  mint 461 

Director  of  the  Mint,  appointment  and  duties  of....  463,  469 

To  make  annual  report 464 

To  determine  annual  salaries 465 

To  employ  artists  in  preparing  devices,  moulds,  &c 466 

May  establish  valuation  of  silver  bullion 467 

Conversion  of  silver  into  trade  dollars,  &c 468 

Silver  coins,  transmission  of,  to  Assistant  Treasurers, 

&c 469 

Minor  coins,  delivery  of  by  director 470 

Accounts  of,  settled  by  First  Comptroller  and  First 

Auditor , 499 

Mississippi  Kiver  : 

Improvement  of 148,150 

Money-order  Business  : 

Separate  accounts  of,  to  be  kept 644 

Money-order  offices  established  by  Postmaster -Gen- 
eral   917 

Postmaster -General  may  forbid  payment  of  money 

order,  when r.  920 

Accounts  and  returns  of 921-923,  925 

Money-order  Office,  general  duties  of 950 

N 

National  Banks  : 

May  be  designated  as  public  depositaries 279 

Kedemption  of  notes  of,  by  Treasurer  of  United  States  714 

Notes  of,  to  be  returned  for  redemption,  when 715 

Condition  of,  to  be  reported  to  Congress 795 

Increase  and  reduction  of  stock  of,  valid  only  on  ap- 
proval of  Comptroller  of  Currency 798,  799,  800 

Not  to  commence  business  until  authorized  by  Comp- 
troller   798 

Installments  of  stock  paid  in  to  be  certified  to  Comp- 
troller   798 

Bonds  of,  on  deposit  to  secure  circulation 801,  805 

Assignment  of  same 801 

May  withdraw  bonds  on  cancellation  of  circulation 805 

Regularity  of  organization,  inquiry  into 806 

Circulating  notes  to  be  issued  to,  when 807 

Notes  and  plates  for  circulation,  how  to  be  prepared...  808 

"Worn-out  notes  of,  replaced 811 


INDEX.  523 

Kational  Banks:    (Continued.)  section. 

Gold  notes  may  be  issued  to  banks,  when 812 

To  be  notified  to  make  good  their  reserve 813 

On  failure  after  such  notice,  i-eceiver  to  be  appointed...    813 
As  to  redemption  of  notes  and  selection  of  redemption 

agencies 814,  818,  820 

Enforcement  of  payment  of  deficiency  in  capital  stock 

of .1 815 

Special  reports  from,  may  be  required 816 

Failure  to  redeem  notes  subject  to  inquiry 817 

Cancellation  or  sale  of  bonds  deposited  by,  when...  818,  819 

Dividends  to  creditors  by  Comptroller 821 

Franchise  of  banks  to  be  forfeited  at  suit,  when 822 

Receiver  to  be  appointed  by  Comptroller  on  insolvency    823 

To  be  examined  by  Comptroller 824 

Division  of,  in  Treasurer's  office 725 

Bonds  of,  to  secure  circulation  and  United  States  de- 
posits. Where  filed 725 

Annual  duty  on,  how  collected 726 

Redemption  Agency  of,  in  Treasurer's  office 728 

Redemption  of  notes  of,  in  Treasury 729 

National  Park  : 

Island  of  Mackinac 147 

Kaval  Accounts: 

Division  of,  in  Second  Comptroller's  office,  duties  of...    525 

Nautical  Almanac: 

Supervision  of,  to  be  directed  by  Secretary  of  Navy....  1044 
Office  of,  under  direction  Bureau  of  Navigation,  Navy 
Department 1089 

NAVAii  Vessels  : 

Lost  and  wrecked,  accounts 615,  617 

EtFects  of  officers  and  men  on  lost  vessels 617,  618 

Loss  of  vessels  unheard  of,  time  to  be  determined,  how    617 

Navigation,  Division  of: 

Duties  of,  in  Treasur}--  Department 396-411 

Registering,  <fec.,  of  vessels 397,  398 

Marine  documents,  considered  by 399 

Protection  of  passengers 396 

Questions  regarding  entry  and  clearance  of  vessels 400 

Requisite  of  entry  and  clearance. 401,  402 

Carriage  of  passengers  in  emigrant  vessels 404 

Tax  on  tonnage 405 

Drawbacks,  adjustment  of 406 

Informer's  compensation 407 

Compromise  of  claims  by 408 

Remission,  fines,  penalties,  and  forfeitures 409,  410 

Internal-revenue  matters  considered  by 411 

Bureau  of,  in  Navy  Department,  duties  of 1087 

Navy: 

Pay  accounts  settled  by  Fourth  Auditor 622 


524  INDEX. . 

Navy  Agents  :                                                           section. 
Accounts  of,  where  settled 623 

N"AVY  Department  : 

Receipts  and  expenditures  of,  account  kept,  bj'^  whom    614 

Organization  and  origin  of 1026 

Bureaus  of 1027-1035,  1083-1095 

Estimates  of  appropriations  for,  how  furnished:. 1034 

Negroes  : 

Captured  from  vessels  in  slave  trade 21 

Non-Commissioned  Officers,  Army  : 

Examination  to  be  provided  for  by  Secretary  of  War..    129 

O 

Observatory  : 

Attached  to  Bureau  of  Navigation,  Navy  Department.  1089 

Officers  of  the  United  States  : 

President  may  appoint  and  commission  same,  when...    5,  8 
What  officers  the  President  may  suspend,  and  when...       13 
Biennial  register  of  names,  &c.,  to  be  published  and 
distributed 1114 

Official  Bonds  : 

President  may  increase,  given  by  certain  officers 15 

Treasurer  of  the  United  States,  approved  by  whom 500 

Of  postmasters,  approval  of,  &c 856,  859 

Division  of,  Post  Office  Department,  duties  of 933 

Of  certain  officers  requiring  approval  of  Solicitor  of 

Treasury 1005 

Of  naval  storekeepers  on  foreign  stations 1047 

Ordnance: 

May  be  issued  to  colleges 116 

Secretary  of  War  to  make  regulations  for  care  of  and 

supply 120,  125 

To  distribute  quota  of  arms  and  equipments  to  certain 

States 135 

Bureau  of,  Navy  Department,  duties  of 1092 

Oregon  : 

Public  lands  in,  survey  of  at  augmented  rates 1226 

Allowance  of  compensation  for  surveys  in 1227 

Osage  Indians  : 

Trust  lands,  sale  of  in  charge  of  Land  Office 1252 

Accounts  for  sales,  where  kept '..  1256 


Pacific  Railroad  Companies  : 

Indebtedness  of 248 

Inspection  books,  &c.,  of  Union  Pacific  Railroad  Com- 
pany  .'. 328 


INDEX.  ,  525 

Pardons  :  sectioit. 

President  may  grant 4 

Clerk  of,  in  Department  of  State,  duties  of 94 

Clerk  of,  in  Department  of  Justice,  duties  of 985 

Paris  : 

Allowance  to  consular  oflScers  at,  from  fees 73 

Passports  : 

Secretary  of  State  to  issue 66 

Clerk  of,  in  Department  of  State,  duties  of 94 

Patents  : 

Constitutional  provision  as  to 1321 

Legislation  in  regard  to 1322,  1323 

Term  for  which  granted 1323 

Requirements  of  law  as  to 1325 

Fees  to  be  paid 1326 

Application  and  specifications  of,  to  contain  what.  1327-1329 

May  be  issued  to  assignee,  executor,  &c 1330 

Caveat  may  be  filed,  requisites  of 1331 

Proceeding  on  rejection  of  application  for 1332 

Appeals  of  applicant  on  rejection 1333 

Applicant  may  proceed  bj'^  bill  in  equity,  when 1333 

Extension  of,  application  to  show  what 1334 

Designs,  busts,  statues,  &c.,  may  be  subject  of 1335 

Same  may  be  patented  for  what  term 1336 

List  of,  to  be  reported  to  Congress 1353 

Examination  of  application  for 1357 

Time  of  filing  applications  for,  may  be  extended 1357 

Priority  of,  to  be  determined  in  case  of  interference...  1359 

Inoperative  or  invalid  patents  may  be  replaced 1362 

Specifications  and  drawings  of,  to  be  furnished  depart- 
ments   1369 

Patent  Office: 

Accounts  of,  settled  by  Fifth  Auditor 548,  631 

Patents  issue  under  seal  of,  recorded  in 1165,  1324,  1356 

Origin  of. 1319,  1320 

Assignments  of,  to  be  recorded  in 1330 

Caveat  maybe  filed  in '. ^^^\ 

Record  of  trade-mark  in 1337^ 

Organization  of  and  oflScers  in 1340,  1341 

Examining  divisions  in 1343 

Clerical  divisions  in 1342 

Examiners  in,  statute  qualification  of 1345 

Proceedings  on  appeal  in  court  to  be  filed  in 1361 

Prints  and  labels  may  be  registered  in 1368 

Paymaster-General's  Bureau  : 

Duties  of 166,  167 

Pensions  : 

Accounts  of  navy  agents  for  payment  of,  by  whom  set- 
tled      520 

Bonds  of  agents  to  pay  navy  pensions,  where  filed 522 


626  INDEX. 

Pensions  :    (Continued.)  section. 

Army  pension  accounts,  by  whom  settled 590,  605,  607 

Navy  pensions,  accounts  of 625 

Navy  pension  fund.  Secretary  of  Navy  trustee  of 1076 

Investment  of  fund  by  him 1077 

Applicant  for  navy  pension  to  be  examined  by  board, 

&c 1078 

To  be  certified  by  Secretary  of  Navy  to  Commissioner 

of  Pensions 1079 

Privateers'  pension  fund,  Secretary  of  Navy  trustee  of.  1080 
Fund  to  be  derived  from  two  per  cent,  of  prize-money.  1080 

Privateersmen  entitled  to 1157 

Particular  form  of  voucher  for 1158 

Medical  referee  and  examining  surgeons  may  be  ap- 
pointed by  Secretary  of  Interior 1159 

Bonds  of  agents  for  paying 1160 

Division  of,  Interior  Department 1178 

Fraud  in  obtaining,  how  investigated 1282 

Oath  of  applicant  for,  before  whom  to  be  taken 1286 

Payment  of,  may  be  suspended,  when 1287 

Applicant  for,  to  be  furnished  with  blanl^s,  &c 1288 

And  to  receive  notice  of  issue  of  certificate 1288 

Invalid   pensioners    to  be   examined   from   time   to 

time 1291,  1292, 1294 

Persons  entitled  to „,... , 1297 

Invalid  pensioners 1297 

Pensioners  of  war  of  1812 1298 

Widows  and  children , 1299 

Dependent  relatives  entitled  to 1300 

Amount  of,  for  total  disability , 1301 

For  permanent  specific  disability 1302 

Times  4)f  payment  of , 1303 

Mode  of  payment  of 1304 

Number  of  agents  for  paying 1303 

Number  of  pensioners  and  amount  of  payments 1305 

Certificates  for,  where  issued 1310 

Transfer  of  pensioners;  accounts  of  examining  sur- 

•        geons 1310 

Payment  of  arrears  due  deceased  pensioners 1310 

Surgical  examinations,  supervision  of,  &c 1311 

Claims  of  invalids  adjusted 1312,  1313 

Navy  pensions,  examination  of  claims  for 1314 

Widows'  and  dependents',  where  examined 1316 

Frauds  in  obtaining,  investigation  of 1317,  1318 

PiKACY  : 

President  may  suppi'ess 17 

Postal  Union  Treaty  : 

Description  of 948 

Post  Office  Department  :    (See  Postmaster-General.) 

Disbursing  Clerk,  accounts  of,  where  settled 636 


INDEX.  527 

Post  Office  Department  :    (Continued.)  section. 

Accounts  of,  settled  by  Sixth  Auditor 641 

Debts  due,  collection  of 643 

Money-order  business 644,  667 

Expense  of  postal  service,  quarterly  statement  of 645 

Financial  condition  of,  Sixth  Auditor  to  report 653 

Origin  and  officers  of 830,  831 

Assistant  Attorney-General  for,  duties  of 831,  952 

Divisions  in 929-952 

Post  Offices  : 

Number  of 833 

To  be  established  by  Postmaster-General 854 

Appointment  and  removal  of  postmasters  of  fourth 

class ! 855 

Notice  to  Sixth  Auditor  of  appointment  and  removal..    855 

Official  bonds  and  commissions  of  postmasters 856 

Application  of  payments  made  by  postmasters 857 

Vacancies  in  post  offices,  how  supplied 858 

Postmasters  to  execute  new^  bonds 859 

Hours  of  duty  in  post  offices 860 

Additional  allowances  in  certain  post  offices 871,  872 

Postmaster-Generai^  : 

Sixth  Auditor  to  report  to 641 

Waj-rants  of,  countersigned  by  Sixth  Auditor 642,  650 

Duties  of,  oath  of  office,  &c 835 

Assistants  of,  number  and  duties 832,  929,  935,  941 

To  keep  inventory  of  property  in  his  department 836 

May  appeal  to  First  Comptroller  from  Auditor's  decis- 
ion on  his  accounts 837 

May  negotiate  postal  treaties  and  reduce  or  increase 

postal  rates  with  foreign  countries 839 

To  transmit  copy  of  postal  convention  to  Secretary  of 

State 840 

To  establish  Blank  Agency 841 

To  furnish  Sixth  Auditor  duplicate  of  mail  contracts...     842 
To  issue  warrants  carrying  postal  revenues  to  proper 

credit  in  the  Treasury 843 

May  discharge  insolvent  debtor  from  imprisonment....     844 

May  consent  to  remission  of  fine,  penalty,  &c 845 

Or  to  compromise  of  claim 845 

Reports  of,  to  be  made  to  Congress 846 

To  furnish  Secretary  of  Treasury  with  annual  esti- 
mates     847 

May  apply  for  attachment  in  certain  cases 848 

To  direct  payment  to  Treasury  of  postal  revenues 849 

May  direct  transfer  and  safe-keeping  of  same 850 

To  submit  estimates  to  Congress  for  appropriations 851 

Postal  moneys  drawn  from  Treasury  on  his  warrant...    852 
To  act  with  other  officers  to  prepare  and  approve  plans 
and  estimates  for  new  buildings 853 


528  INDEX. 

Postmasteb-General  :    (Continued.)  section. 

To  establish  post  offices 854 

To  appoint  and  remove  fourth-class  postmasters 855 

To  notify  Sixth  Auditor  of  same 855 

To  approve  postmasters'  bonds  and  countersign  com- 
missions      856 

To  apply  payments  made  by  postmasters,  when 857 

To  notify  sureties  of  default  of  their  principal 857 

To  supply  vacancies  in  post  offices,  when 858 

To  require  postmasters  to  execute  new  bonds,  when...     859 

To  direct  business  hours  at  office  of  postmasters 860 

To  prescribe  time  of  closing  mails 861 

And  time  of  arrival  and  departure  of  same 862 

And  to  keep  register  thereof  in  department 862 

And  forms  for  postmasters'  record  of  postages,  &c 863 

Also  form  of  quarterly  account  of  postmasters 864 

May  require  oath  to  accompanj'  same 865 

To  fix  salaries  at  new  post  offices  temporarily 866 

To  readjust  certain  salaries,  when  and  how 867-869 

To  make  record  of  all  orders  as  to  salaries 869 

And  to  notify  Auditor 869 

To  designate  distributing  or  separating  offices  and  to 

make  allowance  for  clerical  services,  where 870 

To  make  additional  allowances  in  certain  offices....  871,  872 

May  discontinue  post  office  or  post  route,  when 872,  901 

To  fix  pay  of  letter  carriers  and  prescribe  uniform..  873,  874 

May  establish  receiving  boxes  for  mail  matter 875 

To  approve  bonds  of  letter  carriers 876 

To  establish  branch  post-offices 877,  878 

To  furnish  postal  balances  of  metric  system 879 

To  regulate  mode  of  wrapping  mail  matter 880 

To  provide  for  delivery  of  newspapers  and  periodicals 

from  cars  or  steamers 881 

May  direct  the  return  or  disposition  of  mail  matter 

seized  for  violation  of  law 882 

To  provide  for  transmission  of  soldiers'  letters  unpaid..    883 
Regulations  for  transmission  of  packages  of  newspa- 
pers  884,  885 

To  provide  stamps,  &c.,  and  regulate  their  sale 886 

To  prepare  special  stnmps  for  official  matter 887 

To  provide  system  of  registration  of  letters 888,  891 

To  direct  return  of  registered  letters  sent  to  persons 

conducting  lotteries  or  fraudulent  scheme 889 

To  direct  publication  of  non-delivered  letters 890 

To  provide  for  registration  without  fee  of  packages  of 
currencv  to  Treasurer  of  United  States  for  redemp- 
tion ....". 891 

To  provide  for  return,  &c.,  of  dead  letters 892 

To  contract  with  next  lowest  bidder  on  failure  of  ac- 
cepted bidder 896 


INDEX.  629 

PoSTMASTER-GENEBAii :    (Continued.)  section. 

To  advertise  for  proposals  for  carrying  the  mails....  893-895 

May  make  temporary  contract,  when 896 

To  advertise  mail  lettlngs. 897 

To  deduct  from  pay  of  contractors  on  delinquency 898 

To  provide  for  carrying  the  mail  on  post  roads 899 

To  provide  for  carrying  tlie  mail  to  county  court-houses..  899 
May  contract  for  carrj'ing  the  mail  on  canals,  plank 

roads,  steam  or  other  vessels 900,  901 

May  extend  the  line  of  posts,  when 901 

May  designate, one  of  two  roads  as  the  post  road 901 

May  change  terminus  of  certain  post  roads 901 

May  contract  for  mail  carriage  between  post  offices 902 

May  pay  master  or  owner  of  any  vessel  not  regularly 

employed  two  cents  per  letter '. 903 

Examination  for  and  seizure  of  letters  on  board  vessels 

contrary  to  law 904 

Separate  carriage  of  mails  on  overburdened  route 905 

To  classify  mail  routes 906 

May  contract  for  carriage  by  horse  express,  when 907 

May  fix  compensation  of  land-grant  roads 908 

May  contract  for  carrying  the  mail  to  and  through  for- 
eign countries 909 

May  impose  fines  on  contractors  for  delay 910 

May  arrange,  on  consent  of  Senate,  for  carriage  of  for- 
eign mails  through  United  States  territory 911 

May  empower  United  States  consuls  to  pay  foreign 

postage  on  letters  detained 912 

May  regulate  reciprocal  charges  on  mail  matter  carried 

on  foreign  vessels 913 

May  employ  special  agents , 914 

Also  railway  postal  superintendents 915 

Also  resident  agents  at  foreign  ports 915' 

Also  agents  on  steamers  to  certain  countries 915 

Also  a  general  postal  agency  in  Japan  and  China 915 

May  authorize  searches  by  special  agents  or  other  offi- 
cers   916 

May  establish  money-order  system  and  supply 

blanks 917,  918 

Mav  cause  issue  of  money  orders  in  lieu  of  others, 

when 919 

May  forbid  payment  of  money  order  to  lottery  dealer, 

&c 920 

Transfer  of  funds  by,  t.o  pay  money  orders 921 

To  require  accounts  from  money-order  offices 922 

At  his  request  account  to  be  opened  at  Treasury  of 

money-order  funds 923 

To  pay  expenses  of  money-order  business  from  pro- 
ceeds   924 

34 


580  INDEX. 

Postmaster-General  :    (Continued.)  section. 

To  place  to  the  credit  of  the  United  States  Treasurer 

proceeds  of  same 925 

May  advance  expenses  of  mail  investigations 926 

May  transfer  to  contractors  debts  due  by  postmasters..  926 

May  deliver  to  owner  property  stolen  from  the  mail..'..  927 
May  dispose  of  certain  quarterly  returns  ;  also  of  printed 

mail  matter  uncalled  for 928 

Divisions  in  office  of,  duties  of 929-952 

Pre-emption  Division: 

In  Land  Office,  duties  of 1252 

Charge  of  entries  under  pre-emption  and  town-site 

laws 1252 

Of  Osage  Indian  trust  lands 1252 

Pre-emption  Entry  :    (See  Public  Lands.) 
President  of  the  United  States: 

Qualification  of 1 

Executive  power  vested  in 1 

Commander-in-chief  of  army,  navy,  &c 2 

May  require  written  opinions  from  heads  of  executive 

departments 3 

May  grant  reprieves  and  pardons. 4 

May  make  treaties  on  advice  of  Senate 5 

May  appoint  ambassadors,  consuls,  judges,  and  other 

officers 6 

May  commission  same  during  recess  of  Senate 5 

To  inform  Congress  of  the  state  of  the  Union 6 

To  recommend  measures  to  same 6 

May  convene  same  in  extra  session 6 

Maj'  adjourn  same  on  disagreement  between  the  two 

Houses  as  to  time 6 

May  receive  ambassadors  and  public  ministers 7 

To  take  care  that  the  laws  are  faithfully  executed 8 

To  commission  all  officers  of  the  United  States 8 

To  approve  or  disapprove  of  bills  passed  by  Congress..  9 

May  appoint  officers  of  his  household 10 

May  convene  Congress  elsewhere  than  at  the  Capital, 

when 11 

May  supply  vacancy  or  absence  in  head  of  depart- 
ment   12 

May  suspend  civil  officers,  except  judges,  during  the 

recess  of  Senate,  &c 13 

May  increase  official  bonds  of  certain  officers 15 

May  apprehend  alien  enemies  and  suppress  piracy....  16,  17 

May  compel  departure  of  foreign  vessel,  when 18 

May  call  militia  or  use  army  and  navy  to  suppress 

insurrection 19,  20 

May  suppress  slave  trade 21 

Acts  through  heads  of  departments 23 


INDEX.  531 

Printing,  Public,  &c.  :      ^                                       section. 
For  departments  to  be  done  at  Government  printing- 
office 53 

Accounts  of,  where  settled 499,  567 

Paper  for  contracts,  for  f  urnisliing 1155,  1156 

For  Interior  Department 1180 

Prints,  Labels,  &c.  : 

May  be  registered  in  Patent  Office 1368 

Private  Land  Claims,  Division  of  : 

In  Land  Office,  duties  of 1242 

Acts  on  claims  based  on  British,  French,  Spanish,  and 

Mexican  titles 1242 

On  New  Madrid  land  claims 1243 

On  Oregon  and  New  Mexico  donation  and  mission 

land  claims 1244 

Of  allotments  to  Indians 1245 

Of  scrip  issued  in  lieu  of  certain  private  claims 1245 

Provisions  and  Clothing: 

Bureau  of,  duties  of 1093 

Public  Buildings  and  Grounds  : 

Title  to  land  on  which  to  be  constructed 43,  981 

Estimates  for,  to  be  accompanied  b}'  plan 49 

Disbursement  appropriation  for  by  officer  designated..     258 

Operations  on  may  be  deferred 346 

Selection  of  site  for  may  be  set  aside,  when 347 

Accounts  of,  where  settled 499 

Accounts  of  officers  in  charge  of 499,  548,  567 

Plans  and  estimates  for,  to  be  prepared,  &c 853,  1153 

Keports  of  chief  of  engineers  in  charge  of 136 

Disbursements  for  by  collectors  of  customs 271 

Plans  of  to  accompany  estimates  for 272 

Public  Debt  : 

Balances  of  appropriation  for  payment  not  to  be  car- 
ried to  surplus  fund 277 

Form  and  denomination  of  United  States  notes 281,  282 

Sinking  fund  for  payment  of 283 

Record  kept  of  bonds  applied  to  same 283 

Proceeds  of  gold  applied  to  cancellation  of  certain 

bonds 284 

Payment  of  any  interest  due  on 285 

Payment  of  same  may  be  anticipated 286 

Destroyed  or  defaced  bonds  may  be  replaced 288,  289 

Lost  registered  bonds  may  be  replaced 290 

Registered  bonds  issued  in  lieu  of  coupon  bonds 291 

Five  per  cent,  bonds  may  issue  in  exchange  for  bonds 

loan  of  1858 292 

District  of  Columbia  bonds,  three-sixty-fives 293 

Fractional  currency  redeemed  in  silver  to  be  held  as 

part  of  sinking  fund 296 

Reduction  of  legal-tender  notes.... 297 


532  INDEX. 

Public  Debt:    (Continued.)      .  section. 

Rerlemption  of  bonds  for  account  of  sinking  fund 298 

Issue  of  coin  in  exchange  for  legal  tenders 299 

Such  legal  tenders  to  be  reissued  on  retirement  of  frac- 
tional currenc}^ 299 

Loan  and  Currencj'  Division 412-422 

Loans  outstanding,  including  Pacific  railroad  bonds....     413 

Loans  of  1891  and  1907,  4  and  4^  per  cent 414,  415 

Exchange  of  for  five-twenty  bonds 415 

Public  calls  for  five-twent)'  bonds 416,  417 

Statement  of 417 

District  of  Columbia  securities 420 

Accounts  of,  settled  by  what  officers 499,  559 

Schedules  of  interest  due  prepared  in  Register's  office.     688 

Transfer  of  registered  bonds 690,  691 

Conversion  of  coupon  bonds 692 

Cancellation  and  destruction  of  notes,  securities,  cou- 
pons, &c 694,  696,  699 

Issue  of  United  States  bonds  in  Register's  office.. 687 

Public  Debtors: 

May  be  discharged  from  imprisonment  by  President...      14 

Public  Documents  : 

Expenses,  distributing,  &c.,  accounts  for 636 

Public  Improvements  : 

Contracts  for  material  for,  preference  to  American 
manufacture 155 

Public  Lands: 

Accounts,  where  settled 499 

Sale  of,  when  acquired  for  debt... 342,  748,  1010-1012 

Surveys  to  be  completed  by  Secretary  of  Interior 1137 

Discontinuance  of  land  offices 1138 

Proof  of  settlement  on,  subject  to  pre-emption 1140 

Appeal  from  Commissioner  of  Land  Office  as  to 1141 

Certain  mineral  lands  may  be  set  apart  for  pre-emption  1142 

Erroneously  sold  or  entered,  remedy  for 1143,  1144 

Town  sites  on. 1145, 1146 

Patents  for,  to  holders  of  bounty  land  certificates 1148 

Lost  bounty  certificates,  duplicates  to  issue 1149 

Adjudication  of  suspended  entries  of 1160 

In  Yellowstone  Park,  for  building,  lease  of 1151 

Settlers  on  swamp  lands,  relief  of 1152 

Division  of.  Interior  Department,  duties  of 1177 

Survey  of,  manner  of,  &c 1189-1191 

Number  of  land  districts 1192 

Pre-emption,  persons  entitled  to,  proof  required.  1193-1195 
Home«tead  entry,  persons  entitled  to,  proof  re- 
quired   1196,1197 

When  entitled  to  patent  and  proof  required 1198 

Timber  culture  entry,  who  may  make 1199 

Proof  required......; ...* 1200 


INDEX.  533 

Public  Lands  :    (Continued.)  section. 
Bounty  lands,  persons  entitled  to  and  evidence  to  ob- 
tain   1201,  1202,  1283,  1284,  1315 

Virginia  military  lands 1202 

Mineral  lands,  how  located  and  patented,  &c 1203,  1260 

Desert  lands,  how  sold,  &c 1204 

Town  sites  reserved  on,  how  surveyed  and  sold 1205 

Founders  of  city  or  town  to  file  plat,  &c 1205 

Agricultural  college  scrip 1205 

May  be  oflfered  to  highest  bidder...... 1206,  1208 

Or  at  private  sale,  how 1207 

Charge  for  surveys  established  by  Commissioner, 

&c 1220,  1224 

Minimum  price  of  reserved  lands  when  brought  into 

market 1221 

Correction  of  error  in  entry  of 1222 

Contracts  for  survey  of 1223 

Forest  lands  in  Oregon  may  be  surveyed  at  augmented 

rates ......•• 1226 

Bounty  land  location,  error  in,  may  be  rectified,  how..  1230 

Suspended  entries  of,  how  adjudicated,  &c 1231,  1232 

Sales  of,  without  proclamation  of  President 1233 

New  patents  issue  on  adjudication  of  suspended  en- 
tries   1234 

Swamp  land  indemnity  to  States 1235,  1258 

Accounts  of  registers  and  receivers 1255 

Receipts  and  expenditures  on  account  of  depredations 

on 1256 

Five  per  cent,  fund  to  States  on  sales  of  lands  within 

their  limits 1256 

Applications  for  repayments  on  failure  of  title,  where 

settled A 1257 

Applications  for  change  of  entry  of,  erroneously  pur- 
chased   1257 

Contests  between  agricultural  and  mineral  claimants...  1260 
Public  Lands  Division  : 

In  Land  Office,  duties  of 1240 

In  charge  of  Principal  Clerk  of  Public  Lands..... 1240 

Prepares  tract-books  of  surveyed  lands 1240 

Record  of  disposals  of  lands  kept  in 1240 

Issues  instructions  bringing  lands  into  market 1241 

Public  Moneys: 

Collection  of  moneys  withheld 192 

Safe-keeping  and  disbursement  of 252-279 

Bonds  of  disbursing  officers..  252 

Warrants  of  Secretary  of  the  Treasury  for 253 

Gold  and  bullion  received  on  deposit 254 

Expenditures,  estimates  of 255 

Report  of  expenses  of  customs-houses 255 

Quarterly  receipts,  statement,  publication  of 256 


534  INDEX. 

Public  Moneys  :    (Continued.)  section. 

Treasurer's  weekly  statement  of  balances 257 

Officers  to  disburse,  for  public  buildintrs,  desio:nated...     258 
Collectors  of  internal  revenue  as  disbursing  officers....     259 
Depositaries  of,  for  internal  revenue  may  be  desig- 
nated     260 

Special  agents  to  disburse,  may  be  emploj'ed 263 

Secretary  of  the  Treasury  may  direct  payment  to  the 

Treasury 264 

Or  elsewhere  than  in  United  States  depositaries,  when..    265 

Transfer  from  one  depositary  to  another 266,  380 

Examination  of  books,  &c.,  of  depositaries,  receivers, 

&c 267,  268,  381 

Disbursing  officers  may  be  suspended 269 

Estimates  of  appropriations 272-274 

Warrants  on  Treasurer 275,  276,  338,  359 

Balances  of  appropriations  reported  to  proper  Auditor..    277 

Same  to  be  embraced  in  surplus  fund  warrant 277,  278 

National  banks  may  be  designated  as  depositaries..  279,  373 

Sinking  fund 283,  370 

Application  of,  to  be  reported  to  Congress 333 

Also  receipts  from  internal  revenue 334 

Balances  of  appropriations  to  apply  only  to  fiscal  year    339 

Covering  balances  and  moneys  in  Treasury 340,  366 

Division  of,  in  office  of  Secretary  of  Treasury,  duties 

of 373-385 

Sub-Treasury,  act  of  1846  relative  to 373 

Accounts  of  deposits  in  that  division 374 

Certificates  on  deposit  of 375 

Deposits  of,  when  and  how  made 375 

Designation  of  public  depositaries 378 

Instruction  to  disbursing  officers* as  to  deposits 379 

Depositaries  enumerated 382 

Regulations  as  to  accounts  of  disbursing  officers  with 

same 383 

Issue  of  duplicates  for  lost  checks 384 

Regulations  as  to  purchase  and  redemption  of  minor 

coins ■ 385 

Safe-keeping  and  disbursement  of,  bv  Treasurer  of 

United  States ". 706,  707,  713 

On  deposit,  subject  to  draft  of  Treasurer 712 

Not  to  be  loaned,  deposited,  or  exchanged,  except,  &c.     713 

Postal  revenues,  covering  of  in  Treasury 843 

Transfer  and  safe-keeping  of  postal  moneys 850 

Public  Property: 

Sale  of,  by  Solicitor  of  Treasury 342 

By  Commissioner  of  Internal  Revenue 748 

Discharge  of  from  seizure  and  attachment 343 

Of  Post  Office  Department,  inventory  to  be  kept 836 


INDEX.  535 

Public  Surveys,  Division  of:  section. 

k  In  charge  Principal  Clerk  of 1246 

Prepares   instructions  concerning  surveys  of  public 

lands 1246 

Examines  contracts  for  surveys 1247 

Has  custodj''  of  records  as  to  Indian,  military,  light- 
house, and  other  reservations 1248 

Has  charge  of  establishment  of  State  boundary  lines...  1249 
In  charge  of  all  plats,  field-notes,  &c.,  of  surveys 1250 

Q 

Quartermaster-General's  Bureau  : 

Duties  of 158-165 

Fmance,  inspection,  and  clothing  branches  of 159-161 

Indebtedness  of  railroad  companies 162 

Claims  for  supplies,  &c 162 

Tiansportation,  barracks,  &c.,  miscellaneous  claims...     162 

Quartermaster's  Division: 

Second  Comptroller's  office,  duties  of 525 

R 

Railway  Classification  and  Mail  Service: 

Divisions  of,  in  Post  Office  Department 937,  938 

Railroads,  Division  of  : 

In  Land  Office 1251 

Charged  with  adjustment  of  grants  to  railroads  and 

other  internal  improvements 1251 

Also  w^ith  execution  of  laws  giving  right  of  way 1251 

Auditor  of  accounts  of 1377 

Rebellion  and  Insurrection  : 

President  may  suppress 19,  20 

War  of,  publication  of  official  records  of 156 

Receivers  and  Registers  of  Land  Office: 

Accoimts  of... 1255 

Recorder  of  Land  Office: 

Division  of,  duties  of 1239 

To  affix  seal  to  land  patents  and  countersign  same 1239 

To  engross,  record,  and  transmit  patents 1239 

To  prepare  copies  and  exemplification  of  papers 1239 

Refund  of  Duties: 

Secretary  of  Treasury  may  make,  in  certain  cases.  219,  249 

Register  of  Treasury  : 

To  keep  account  receipts  and  expenditures 670,  686 

To  receive  and  preserve  certain  accounts 671 

To  record  all  warrants,  except 276,  672,  682 

To  certify  balances  of  accounts  to  Secretary 673,  685 

To  furnish  copies  of  warrants  to  accounting  officers 674 

His  certified  transcript  of  account  evidence  in  suits 675 


536  INDEX. 

Register  of  Treasury  :    (Continued.)  sectiox. 

To  cancel  certificates  of  registry  of  vessels,  wlien...  676,  677 

To  receive  copies  of  certificates  of  registry  granted 678 

Also  duplicate  entries  showing  change  of  master  or 

name  of  vessel 678 

Assistant,  duties  of 679 

Effect  of  signature  of  Assistant,  to  documents 680 

Organization  of  ofiice  of 681 

Registry  of  warrants  and  drafts  in 365,  683 

Entry  of  accounts  on  final  adjustment 684 

Division  of  Receipts  and  Expenditures  in  ofiice  of..  682-686 

Division  of  Loans  in 687-692 

Charge  of  accounts  of  bonds  issued 687 

Prepares  schedules  of  interest  due  on  registered  bonds.    688 

Bonds  of  United  States,  duties  of,  in  regard  to 689 

Transfer  of  registered  bonds  by 690,  691 

Conversion  of  coupon  bonds,  when 692 

Interest-bearing  Treasury  notes,  duties  as  to 693 

Destruction  of  cancelled  notes  and  currency 694 

Coupons  of  United  States  securities,  cancellation  of, 

&c 696 

Redeemed  and  exchanged  United  States  bonds  filed...     695 
Notes  and  fractional  currency,  process  of  cancellation 

of 699-702 

Note  and  Fractional  Currency  Division  in  office  of..  699-703 

Tonnage  Division  in  office  of 704 

Title  to  ships  recorded  in,  statistics,  &c. 704 

Registered  Letters: 

System  of  registration  provided  by  Postmaster -Gk^n- 

eral 888,891 

Return  of,  to  sender,  when 889 

Registration  without  fee  of  letters  containing  currency 

notes  to  be  provided  for  by  Postmaster-General 891 

Division  of,  in  Post  Office  Department 944 

Remission  of  Fines,  Penalties,  and  Forfeitures: 

Power  of  Secretary,  in  case  of  want  of  invoice 205 

Power  of  Secretary,  where  value  of  goods  does  not 

exceed  five  hundred  dollars :     223 

On  vessels  and  merchandise,  when 225,  243,  244,  245 

In  connection  with  Life-saving  Service 316 

Considered  in  Navigation  Division 409,  410 

Consideration  of,  by  Solicitor  of  Treasury 1019 

Reprieves  and  Pardons.    (See  Pardons.) 

Returns  Office  : 

Copies  of  certain  contracts  to  be  filed  in 139, 1182 

In  Interior  Department,  purpose  of,  &c 1181 

Revenue  Cutters.    (See  Revenue  Marine  Division.) 

Revenue  Laws  : 

Decision  of  Secretary  of  Treasury  conclusive,  when 201 


INDEX.  537 

Revenue  Marine  Division  :  section. 

Duties  of 423-427 

Revenue  vessels,  construction  and  management  of, 

&c 423,  424,  426 

Purchase  of  supplies  for 425 

Officers  of  revenue  cutters  designated  by,  &c 425 

Coast  Survey,  Weights  and  Measures,  Light -house 
Establishment 427 

Revised  Statutes  of  the  United  States  : 

To  be  published  by  Secretary  of  State 59 

Rivers  and  Harbors: 

Surveys  of,  «fcc 113 

Water  gauges  for  lower  Mississippi,  &c 148 

Improvement  of  Mississippi  River 150 

Rock  Island: 

Military  prison  at 132 


Salaries  and  Allowances  : 

Division  of,  in  Post  Office  Department 934 

Savings  Banks: 

To  report  to  Comptroller  of  Currency 825 

Seamen: 

Reports  of,  to  Congress  by  Secretary  of  State 61 

Searches  and  Seizures  : 

Letters  on  vessels  in  violation  of  postal  laws 904 

Special  agents  of  Post  Office  Department  may  be  autho- 
rized to  make „ 916 

Secret  Service  Division: 

Duties  of 441-443 

In  charge  of  Solicitor  of  Treasury 1018 

Second  Auditor: 

Origin  of  office  of;  duties  of,  generally 569-574 

Accounts  settled  by 570,  572 

To  detail  clerk  to  sign  papers  in  his  stead 573 

To  settle  pay  of  officers  unable  to  account  for  property, 

when 572 

To  keep  accounts,  receipts,  and  expenses  of  War  De- 
partment      574 

Also  debts  due  United  States  relative  thereto 574 

To  receive  accounts  from  Second  Comptroller  and  pre- 
serve the  same 574 

To  report  annually  to  Secretary  application  of  appro- 
priations      574 

To  report  as  Secretary  of  War  may  demand,  when 574 

To  record  requisitions  of  Secretary  of  War 574,  579 

Deputy,  duties  of 575 

Organization  of  office  of 575 

Book-keeper's  Division,  office  of,  accounts  settled  in...     577 


538  INDEX. 

Second  Auditor:    (Continued.)  sectioi^-. 

Certificates  of  non-indebtedness  issued  by. 578 

Transcript  by,  of  accounts  for  suit 580 

Paymaster's  Division  in  office  of 581 

Indian  Division  in  office  of 582 

Pay  and  Bounty  Division,  claims  settled  in 583 

Division  for  Investigation  of  Fraud 584 

Property  Division,  accounts  settled  in 585 

Division  of  Inquiries  and  Keplies 586 

Division  of  Correspondence 587 

Archives  Division , 588 

Miscellaneous  Division,  accounts  settled  by 589 

Second  Assistant  Postmaster-General: 

Divisions  in  office  of 935 

Second  Comptroller  : 

General  duties  of 509 

To  examine  accounts  settled  by  Second,  Third,  and 

Fourth  Auditors ,, 509 

To  countersign  requisitions  of  War  and  J^avy  Depart- 
ments   275,  509,  519 

To  prescribe  forms  for  disbursing  officers  of  War  and 

Navy  Departments 509 

To  preserve  public  accounts  of  his  revision 509 

To  prescribe  rules  for  payment  of  arrearages  to  sea- 
men on  vessels  sunk  or  destroj'ed 510 

To  detail  clerk  to  sign  bounty  certificates 511 

Settlement  by,  of  accounts  of  paymaster  of  captured 

vessel 612 

Disbursements  by  order  of  any  commanding  officer 

maybe  allowed  by 513 

To  fix  date  of  loss  of  vessel  unheard  from 514 

Accounts  of  paymaster  of  vessel  lost  with  papers,  how 

settled 515 

Personal  effects  of  officers  and  seamen  on  lost  vessel, 

how  settled  for 516,  517 

To  certify  account  of  delinquent  officer  to  Solicitor  for 

suit '. 518 

Accounts  subject  to  final  revision  by 520 

Claims  settled  by 521 

Official  bonds  of  War  and  Navy  disbursing  officers,  and 

others,  filed  in  office  of 522 

Deputy,  duties  of 523  . 

Organization  of  office  of,  into  five  divisions 524 

Mode  of  settlement  of  accounts  in  office  of 526 

Digest  of  decisions  of 527 

Secretary  of  the  Interior: 

General  subdivisions  of  his  duties 1099 

To  keep  inventory  of  public  property 1100 

Duties  as  to  the  Territories 1101 

To  sign  requisitions  for  moneys  for  his  department 1103 


INDEX.  539 

Secretary  op  the  Interior  :    (Continued.)  section. 

Reports  to  be  made  to  Con^^ress 1104 

To  prescribe  regulations  for  presentation  of  Indian 

claims 1105 

To  prohibit  sale  of  arms,  &c.,  to  Indians 1106 

To  receive,  distribute,  &c.,  public  documents 1107 

To  furnish  Supreme  Court  Reports  to  Department  of 

Justice 1108 

To  keep  register  of  official  publications,  &c 1109 

To  deliver  publications  only  on  official  requisition 1109 

Distribution  of  public  documents  by 1110-1113 

To  publish  and  distribute  Biennial  Register  of  Govern- 
ment officers 1114,  1115 

To  appoint  superintendent  of  public  documents 1116 

To  establish  Returns  Office  for  filing  contracts 1117 

To  prevent  misappropriation  of  streets,  &c.,  in  Wash- 
ington  1118 

To  see  that  Indian  agents  give  bond,  &c 1119 

To  prescribe  rules  governing  Indian  agents. 1119 

To  establish  limits  of  Indian  agencies 1120 

To  commission  all  special  agents  and  commissioners...  1120 

To  discontinue  sub-Indian  agents,  &c 1121 

Purchase  and  distribution  of  goods  required  b}'  Indian 

treaties,  &c 1122 

To  regulate  disbursement  of  Indian  annuities 1123 

To  invest  certain  moneys  received  from  Indian  lands.  1124 
To  withhold  moneys  from  Indians  holding  captives....  1125 
To  determine  whether  contracts  with  Indians  have 

been  complied  with  in  certain  cases 1126 

To  revise  action  Board  of  Indian  Commissioners.  1127,  1187 

Payment  to  incompetent  or  orphan  Indians 1128 

Payment  of  money  withheld  from  Indians  because  of 

trespassing 1129 

To  sell  buildings  on  Indian  lands  reverting  to  United 

States 1130 

To  exclude  persons  from  Indian  country  selling  arms, 

&c 1131 

To  examine  into  contracts  made  with  Indians 1132  ' 

To  exempt  Indian  tribe  from  labor  on  reservations 1133 

To  establish  rules  to  enable  Indians  to  obtain  benefit 

of  homestead  laws 1134 

To  prepare  statement  of  payments  from  Indian  ap- 
propriations   1135 

Reports  as  to  details  of  same  to  Congress  by 1135 

Duties  regarding  the  census •. 1136 

To  complete  surveys  of  public  lands 1137 

To  discontinue  land  office  in  certain  districts,  when....  1138 

To  allow  office  expenses  in  land  districts 1139 

To  prescribe  rules  to  establish  settlement  on  public 
lands 1140 


540  INDEX. 

• 

Secretary  of  the  Interior  :    (Continued.)  section. 

To  entertain  appeal  from  Commissioner  of  Land  Office, 

&c 1141 

May  set  apart  certain  mineral  lands  for  pre-emption...  1142 
To  repay  purchase-money  of  lands  erroneously  sold....  1143 
To  substitute  other  lands  for  those  erroneously  entered  1144 

To  cause  town  sites  to  be  survej^ed  and  sold 1145 

May  provide  for  survey  and  plat  of  town  on  public 

domain 1146 

To  prescribe  mode  of  surveys  in  Nevada,  Oregon,  and 

California 1147 

To  transmit  patent  for  bounty  lands  to  holders 1148 

To  duplicate  lost  bounty  certificate  or  warrant 1149 

To  establish  rules  for  adjudication  of  suspended  entries  1150 

To  act  with  Attorney-General  for  approval  of  same 1150 

Has  control  of  Yellowstone  Public  Park 1151 

IVJ^ay  lease  lands  in,  for  building  purposes 1151 

To  afford  relief  to  settlers  on  Missouri  swamp  lands....  1152 

To  approve  plans  and  estimates  for  new  buildino^s 1153 

To  furnish  blanks  and  pi-inted  instructions  to  officers 

authorized  to  make  contracts 1154 

To  approve  contract  for  public  printing  paper,  when...  1155 

May  autliorize  purchase  of  same  in  open  market 1156 

May  place  privateersraen  on  pension  rolls 1157 

To  designate  particular  form  of  pension  voucher 1158 

Hay  appoint  medical  referee  and  examining  surgeons.  1159 

To  approve  bonds  of  pension  agents 1160 

To  appoint  Superintendent  of  Hospital  for  Insane 1161 

May  grant  order  for  admission  to  same 1162 

May  order  confinement  of  convicts  in  same 1163 

May  admit  indigent  deaf  and  dumb  to  Columbia  Insti- 
tution   1164 

May  authorize  admission  of  blind  persons  in  State  in- 
stitution   1164 

To  sign  patents  to  inventors...... 1165 

Office  of,  organization,  &c...., 1166,  1168 

Secretary  of  the  Navy: 

Requisitions  of,  recorded  by  Fourth  Auditor 614,  628 

Estimates  for  appropiiations  to  be  furnished  him 1034 

Duties  of. 1036 

To  keep  record  of  public  property  in  his  department...  1036 

To  execute  orders  of  the  President 1037 

Has  custody  of  property  of  Navy  Department 1038 

Reports  to  Congress  required  of  him 1040 

To  collect  all  flags,  &c.,  captured  from  enemies 1039 

To  submit  estimates  in  detail 1041 

Certain  appropriations  expended  by  his  direction 1042 

To  have  charts,  maps,  &c.,  prepared  at  Hydrogi-aphic 

Office 1043 

To  publish  and  distribute  same  to  navigators,  &c 1043 


INDEX.  541 

Secretary  of  the  Navy:    (Continued.)  section. 

To  place  supervision  of  Nautical  Almanac  in  suitable 

officer 1044 

To  designate  board  of  examining  surgeons 1045 

May  prescribe  qualification  for  appointment  and  pro- 
motion as  passed  assistant  paj^masters 1045 

Bonds  of  same  subject  to  his  approval 1045 

To  designate  board  for  examination  for  appointment 

and  promotion  in  engineer  corps 1045 

May  appoint  acting  assistant  surgeons  temporarily 1046 

And  citizens  as  storekeepers  on  foreign  stations 1047 

And  fix  amount  of  their  bonds 3047 

May  appoint  gunners  as  inspectors  of  timber 1048 

May  place  officers  on  furlough 1049 

May  detail  a  line  officer  as  aid  of  commander  of  a  ves- 
sel or  naval  station 1050 

To  notify  members  of  Congress  of  vacancies  at  Naval 

Academy 1051 

To  provide  for  education  as  naval  constructors  or  steam 

engineers  at  the  academy 1053 

For  examination  for  admission  to  same. 1052 

May  appouit  cadet  engineers  in  the  navy 1053 

To  arrange  course  of  study,  &c.,  at  academy 1054 

To  name  the  vessels  of  the  navy,  how 1055 

May  change  name  of  vessel  purchased  for  navy 1056 

To  designate  examining  boards  as  to  repairs  of  vessels..  1057 

May  sell  condemned  vessels  and  material 1058 

To  report  such  sales  to  Congress 1058 

Regulations,  orders,  &c.,  to  be  furnished  naval  officers..  1059 

May  confine  insane  persons  of  navy  in  hospital 1060 

May  establish  depots  for  coal  and  fuel 1061 

May  substitute  extract  of  coffee  for  coffee  ration 1062 

To  provide  for  examination  of  persons  designated  for 

maiijie  corps 1063 

To  deduct  from  pay  of  marine  corps  for  marine  hos- 
pital fund 1064 

To  select  public  lands  for  production  of  ship  timber....  1065 
Purchases  and  contracts  for  supplies  discretionary  with 

him.. 1066 

To  advertise  for  proposals  for  supplies 1067 

Contracts  for  same  and  for  tobacco 1068,  1070 

May  procure  certain  supplies,  in  his  discretion 1071 

To  give  preference  to  productions  of  the  United  States..  1071 
His  contracts  to  be  in  writing  and  copies  filed  in  Re- 
turns Office...... 1072 

To  furnish  officers  authorized  to  make  contracts  with 

printed  letter  of  instructions 1073 

Also  to  furnish  forms  of  contracts,  &c .*....  1073 

May  appoint  special  counsel  in  prize-cases 1074 


542  INDEX. 

Secketary  of  the  Navy  :    (Continued.)  section. 

To  provide  for  adjudication  in  prize  and  for  sale  of 

vessel,  &c 1075 

To  have  charge  of  navy  pension  fund 1076 

May  mitigate  fines,  &c.,  for  cutting,  &c.,  ship  timber..  1076 

To  invest  money  of  navy  pension  fund 1077 

To  convene  board  to  examine  applicants  for  benefit  of 

that  fund 1078 

To  certify  applicant  for  pension  to  Commissioner  of 

Pensions '. 1079 

Trustee  of  privateers'  pension  fund 1080 

Has  charge  of  naval  hospitals 1081 

To  deduct  from  pay  of  navy  for  hospital  fund 1081 

To  collect  fines,  &c.,  imposed  on  navy  for  same ,.  1081 

To  procure  sites  for  liospitals 1082 

To  procure  asylum  for  decrepit  persons  of  the  navy...  1082 
Secretary  of  State: 

Generalduties  of 56 

To  aflix  seal  of  the  United  States  to  official  commissions..  57 

To  receive  bills,  &c.,  passed  by  Congress 58 

Publication  of  laws  and  distribution  of  Kevised  Stat- 
utes   58 

To  report  registered  seamen  to  Congress 61 

To  proclaim  amendments  to  the  Constitution 60 

To  lay  before  Congress  annually,  viz. : 

Report  on  foreign  commercial  relations 62 

Report  of  diplomatic  information 62 

A  list  of  all  consular  officers 62 

Report  of  tariff"  of  consular  and  diplomatic  fees 62 

Statement  of  such  fees  collected 62 

Statement  of  arrival  of  foreign  passengers 62 

Of  consular  officers  not  citizens  drawing  salaries,  &c..  62 
Of  expenditures  from  contingent  fund  for  foreign 

intercourse 63 

To  furnish  Congressional  Printer  copy  of  evQry  law,  &c..  64 

To  publish  consular  and  diplomatic  information 64 

To  designate  newspapers  for  publication  of  laws,  &c..  65 

Passports  to  be  issued  by 66 

Consular  bonds  to  be  approved  by 67 

May  empower  consuls  to  pay  postage  on  detained  let- 
ters   68 

Court-house  and  jail  in  China  and  Japan  may  be  rented 

by 69,70 

Exercise  of  judicial  functions  in  certain  Oriental  coun- 
tries   71 

Extradition  of  criminals,  when  to  act  and  how 72 

To  make  extra  allowance  to  consular  officers  at  Paris..  73 
TimiB  of  transit  between  diplomatic  and  consular  posts 

to  Washington  and  vice  versa 74 

To  prescribe  duties  of  assistants,  solicitor,  and  others..  75 


INDEX,  643 

Secretary  of  State:    (Continued.)  section. 

Accounts  approved  by,  where  settled 636 

Copy  of  postal  conventions  to  be  sent  to 840 

To  furnish  same  to  Congressional  Printer 840 

May  designate  legations  and  consulates  to  be  supplied 

with  public  documents 1112 

Secretary  of  the  Treasury: 

Chiefs  and  assistant  chiefs  in  office  of 351,  352 

jSTot  to  engage  in  trade  or  commerce 187 

General  duties  of 188 

Management  of  the  revenue  and  public  credit 188 

To  prescribe  forms  of  accounts,  grant  warrants,  &c....  188 

To  make  reports  to  Congress 188 

Duties  as  to  collection  of  the  revenue 190 

To  enforce  the  revenue  laws  and  prescribe  forms 190 

May  discontinue  ports  of  delivery,  when 19l 

May  employ  persons  to  assist  in  collecting  moneys 

withheld 192 

To  report  to  Congress  rules  for  appraisement  of  mer- 
chandise   193 

Exports  and  imports,  statement  to  be  furnished  to  the 

Public  Printer 194 

To  prescribe  the  duties  of  Deputy  Commissioner  of 

Internal  Kevenue 195 

May  direct  district  attorneys  to  defend  collectors  of 

customs 196 

May  regulate  free  entry  of  certain  goods 197 

Drugs  and  medicines,  to  prevent  import  of  adulterated..  198 

May  invest  deputy  collector  with  powers  of  principal..  199 

Special  agents  may  be  appointed  by  him 200 

Decision  as  to  revenue  laws  conclusive,  when 201 

To  abolish  naval  office,  when 202 

May  supply  deficiency  in  compensation  of  principal 

officer  of  customs.,..* 203 

May  increase  compensation  of  customs  inspectors 204 

To  authorize  entry  of  Imported  goods  without  invoice..  205 

To  establish  standard  for  sugars  imported 206,  207 

To  adopt  hydrometer  to  ascertain  proof  of  liquor 208 

May  authorize  bond  to  produce  proof  of  character  of 

imported  goods 209 

May  entertain  appeals  from  collector's  decisions 210 

May  direct  appraiser  to  act  out  of  his  own  district-. 211 

To  prescribe  rules  for  appraisement  of  imported  goods..  211 

May  lease  warehouse  for  storage  of  imported  goods 212 

Also  cellars  for  wines  and  distilled  spirits 212 

Also  yards  for  mahogany  and  other  woods,  coal,  &c....  212 
May  pay  claimants  net  proceeds  of  sale  of  bonded 

goods 213 

Free  duty  to  war  vessels  of  foreign  nations,  when 214 

Kefund  of  duties  on  goods  injured  or  destroyed 215 


644  INDEX. 

Seceetary  of  the  Treasury  :    (Continued.)  section. 

To  designate  common  carriers  for  transportation  of 

dutiable  goods 216 

May  establish  bonded  warehouses  for  transportation 

purposes 217 

And  the  route  of  transit,  form  of  bond,  &c 217 

May  designate  certain  routes  to  Mexico 218 

Refund  of  duties  by 219 

Authority  as  to  drawback  of  duties 220,  221 

May  extend  or  cancel  export  bonds,  when 222 

Remission  of  forfeiture  on  seized  goods  under  $500 

value 223 

May  allow  compensation  to  district  attorneys,  when...  224 

Remission  by,  of  forfeiture  vessels  in  certain  cases 225 

May  permit  foreign  vessels  to  unload  Canadian  prod- 
ucts, wlien 226 

May  allow  extra  compensation  to  internal-revenue  col- 
lectors   227 

To  designate  collector  of  internal  revenue  to  have 

charge  of  export  goods  subject  to  tax,  when 228 

May  restore  surplus  of  sales  under  distraint  for  taxes..  230 

Awards  to  informer  under  internal-revenue  laws 229 

Abatement  of  internal  taxes  on  distilled  spirits  by 231 

Compromise  of  internal-revenue  cases 232,  754 

To  permit  free  withdrawal  of  alcohol  by  scientific  insti- 
tutions   233 

Authoritj"  as  to  f raudule nt  claim  for  drawback 234 

May  alter  stamps,  &c.,  of  internal  revenue 235 

Restoration  of  proceeds  of  sale  under  internal-revenue 

forfeitures 236 

Authority  as  to  frauds  on  internal  revenue 237 

Discharge  of  insolvent  debtors 238 

To  retain  moneys  due  States  and  apply  same  to  in- 
debtedness   239 

May  selllight-house  property,  when 240 

May  withhold  payments  to  railroad  companies,  when..  241 

May  remit  additional  duty  on  transportation  bond 242 

Remission  of  fines,  penalties,  and  forfeitures 243,  244 

Compensation  to  informers  and  others  by 246 

General-order  warehouse  to  be  established  by 247 

As  to  indebtedness  of  Pacltic  railroad  companies 248 

May  cause  reliquidation  and  refund  of  duties  in  certain 

cases 249 

Ruling  of,  not  to  be  reversed,  unless 250 

To  withhold  payment  to  public  creditors  indebted  to 

the  United  States 251 

Safe-keeping  and  disbursement  of  public  money  by.  252-279 

To  direct  penalty  in  bonds  of  disbursing  officers 252 

May  authorize  assistant  to  sign  warrants 253 

May  authorize  receipt  of  gold  and  bullion  on  deposit...  254 


INDEX.  545 

Secretary  of  the  Treasury:    (Continued.)  section. 

To  issue  certificates  therefor  receivable  for  duties 254 

Estimates  of  revenue  and  expenditures  by 255 

Reports  to  Congress  as  to  estimates,  contracts,  &c 255 

To  report  moneys  expended  at  custom-houses 255 

Also  number  of  persons  employed 255 

To  publish  statement  of  quarterly  receipts,  &c 256 

Also  Treasurer's  weeklj^  statement  of  balances,  when..  257 
May  designate  officer  to  disbui-se    appropriation  for 

public  buildings 258 

Collectors  of  internal  revenue  as  disbursing  officers 259 

May  designate  depositaries  for  internal-revenue  mon- 
eys   260 

May  allow  drawback  on  liquors  and  other  articles 261 

May  direct  penalty  in  bonds  of  Assistant  Treasurers 

and  mint  oflicers 262 

May  employ  special  agents  to  disburse 263 

May  direct  at  intervals  payments  into  Treasury 264 

May  direct  deposits  elsewhere  than  with  d«!positaries, 

when 265 

May  transfer  monej's  from  one  depositary  to  another...  266 

To  examine  depositaries'  books  by  special  agents 267 

May  direct  examinations  of  books,  (S'c,  of  receivers  of 

public  moneys 268 

To  suspend  disbursing  officers,  when 269 

May  allow  additional  expenses  of  disbursing  officers....  270 
May  make  extra  compensation  to  collectors  of  customs, 

when „ 271 

Estimates  of  appropriations,  duty  as  to 272,  273,  274 

To  draw  warrant  on  Treasury  for  moneys  appropri- 
ated  ". 275 

Warrants  to  specify  what,  and  to  be  charged  on  books 

in  his  office 276 

To  report  balances  of  appropriation  to  pi^oper  Auditor.  277 

To  include  same  in  surplus-fund  warrant,  when ,  277 

To  carry  unexpended  balances  to  surplus  fund 278 

May  designate  national  banks  as  depositaries 279 

To  instruct  certain  officers  as  to  United  States  notes 

and  securities,  to  prevent  fraud 280 

Support,  &c.,  of  public  credit  by 281^299 

To  prescribe  form  and  denomination  of  United  States 

notes,  &c 281,  282 

To  set  apart  sinking  fund  and  keep  record  of  bonds 

applied ,  283 

May  apply  proceeds  of  gold  to  cancellation  of  certain 

bonds 284 

To  pay  any  interest  djue  on  public  debt 285 

May  anticipate  such  payment 286 

May  purchase  coin 287 

May  replace  destroyed  or  defaced  bonds 288,  289 

35 


546  INDEX. 

Secretary  of  the  Treasuby  :    (Continued.)  section. 

Also  lost  registered  bonds 290 

May  issue  registered  bonds  in  lieu  of  coupon  bonds 291 

May  exchange  live  per  cent,  bonds  for  those  of  loan  of 

1858 292 

District  of  Columbia  three-sixty-tive  bonds 293 

To  pay  judgments  of  Court  of  Alabama  Claims 294 

To  set  apart  fund  in  trust  for  Ute  Indians 295 

To  issue  silver  coins  in  redemption  of  fractional  cur- 
rency   296 

Reduction  of  circulation  of  legal-tender  notes,  when....  297 
Redemption  of  bonds  in  coin  for  account  of  sinking 

fund '298 

Issue  of  coin  for  legal  tenders 299 

Legal  tenders,  in  such  case,  to  be  retired  on  destruction 

of  fi-actional  currency 299 

To  report  statistics,  commerce,  &c.,  to  Congress  an- 
nually   300 

To  report  persons  employed  in  Coast  Survey 301 

Appointment  of  Comptroller  of  Currency  on  recom- 
mendation of 302 

To  apportion  circulation  of  national  banks 303 

To  direct  coinage  and  assay  of  bullion,  &c 304 

As  to  fur-bearing  animals  in  Alaska 306 

May  prohibit  importation  of  cattle,  when 306 

To  protect  domestic  trade-mark  of  watch  manufacturers.  307 
May  nationalize  wrecked  foreign-built  vessel,  repaired, 

&c 308 

,  May  nationalize  vessels  owned  by  residents  of  Alaska..  309 

To  provide  forms  for  registry  of  Vessels 310 

May  autliorize  new  certificate  of  registry,  when 311 

May  license  yachts  and  exempt  them  from  entering  or 

clearing.... 313 

To  provide  system  of  numbering  registered  vessels,  &c.  312 
To  establish  life-saving  stations  on  the  coasts,  &c...  314,  316 

May  employ  keepers,  &c.,  for  same.... 314,  315 

May  sell  materials  of  same 316 

May  remit  penalties  incurred  in  connection  with  that 

service 316 

May  authorize  surveyor  of  port  of  delivery  to  enroll 

vessels '. 317 

To  direct  enforcement  of  steamboat  inspection  laws....  318 
May  promote  use  of  petroleum  and  other  oils  for  motive 

power  of  vessels 319 

President  ex  officio  of  Light-house  Board 320 

May  assign  superintendence  of  light  -  houses,  &c.,  to 

collectors  of  customs ^ 321 

May  regulate  pay  of  keepers 321 

May  discontinue  and  re-establisli  lights,  when 321,  455 


INDEX.  547 

Secketaby  of  the  Treasuby  :    (Continued.)  section. 

May  make  allowances  to  officers  and  men  of  army  and 

navj^  on  coast-survey  duty 322 

May  execute  quarantine  and  healtli  laws 324 

May  dispose  of  maps  and  charts  of  coast  survey 323 

To  appoint  Supervising  Surgeon  of  Marine  Hospitals...     325 

Disposition  of  fuud  for  marine  hospitals 326 

May  sell  or  lease  marine  hospitals 327 

To  iuspect  books,  &c.,  of  Union  Pacific  Kailroad...  328,  329 

Duty  of  investigation  in  cases  of  frauds 330 

To  prohibit  transport  of  propertj'^  to  insurrectionary 

district 331 

Management  of  public  accounts 332-341 

To  cause  settlements  of  same  to  be  made  within  fiscal 

year,  unless 332 

To  lay  before  Congress  Auditors'  reports  as  to  applica- 
tion of  appropriations  for  War  and  Navy  Depart- 
ments      333 

Also  statements  of  receipts  from  internal  taxes 334 

Also  account  of  Superintendent  of  Treasury  buildings.    335 

May  send  a  claim  to  Court  of  Claims,  when 336 

To  advise  accounting  officers  of  designation  of  person 

to  an  office 337 

All  warrants  of,  to  specify  the  appropriation 338 

To  apply  balances  only  to  expenses  of  fiscal  year, 

except 339 

As  to  covering  balances  in  the  Treasury 340 

To  report  claims  allowed  to  Congi-ess 341 

As  to  public  property  and  miscellaneous 342-346 

Approval  of  sale  by'Solicitor  of  certain  class  of  prop- 
erty      342 

May  contract  for  securing  abandoned  property 344 

Deposit  of  funds  of  Smithsonian  Institution 345 

May  defer  operations  on  public  buildings 346 

May  set  aside  selection  of  site  for  same 347 

Office  of  Secretary,  organization  of  divisions  in,  &c...  349-358 

First  and  Second  Assistant,  duties  of 355,  356 

Appeal  from  decision  of  collector  in  customs  cases..  386,  387 

Decision  on  same  final,  unless ■ 388 

To  call  five-twenty  bonds  by  public  notice 416,  417 

Revenue  marine,  vessels  in  charge  of 424,  425 

May  convene  Light-house  Board 448 

Marine  hospitals  under  direction  of 475 

Balances  of  adjusted  accounts  certified  to  b)"^  Regis- 
ter   673,  685 

To  be  furnished  annual  estimates  by  Postmaster-Gen- 
eral      847 

Secretary  of  War: 

General  duties  of 99 

In  absence  of.  Chief  Clerk  to  sign  requisitions 97 


548  INDEX. 

Secretary  of  War:    (Continued.)  sectiox. 

Custody  of  department  books,  propertj'-,  &c 100 

Directs  purchase,  transportation,  &c.,  of  army  sup- 
plies..   101, 102 

To  control  army  transportation 103 

To  provide  for  meteorological  observations  and  storm 

signals 104 

Also  for  signal  stations,  reports,  and  signals 105,  106 

To  furnish  soldiers  duplicate  of  discharge  certificate....  107 

To  detail  emploj'ees  to  administer  oaths  to  accounts...  108 

May  sell  surplus  charts  to  navigators 109 

To  report  to  Congress  appropriations,  estimates,  and 

balances 110 

Also  contracts  and  expenditures  for  contingent  ex- 
penses   Ill 

Also  proposals  for  buildings  or  materials 112 

^  Also  examinations,  &c.,  as  to  river  and  harbor  surveys  113 

Also  returns  of  State  militia 114 

To  permit  trading  at  military  post  on  frontier 115 

To  issue  arms,  &c.,  to  colleges,  &c 116 

To  assemble  an  army  retiring  board 117 

May  order  gratuitous  issue  of  clothing  to  soldiers,  &c., 

when 118 

May  detail  army  officers  as  instructors  at  West  Point..  119 
To  regulate  care,  purchase,  &c.,  of  army  supplies..  120-122 

To  select  commissary  sergeants 123 

To  commute  rations  of  colfee  for  extract  of  coffee,  &c.  124 

To  regulate  supplies  of  ordnance  and  stores 125 

To  designate  board  to  examine  for  appointment  as 

assistant  surgeon 126 

To  appoint  hospital  stewards 127 

To  detail  non-commissioned  officers  to  signal  duty 128 

To  establish  regulations  for  examination  of  non-com- 
mii«sioned  officers  for  appointment  as  commissioned 

officers 129 

For  examination  of  appointees  to  Military  Academy...  130 

To  exercise  general  charge  over  academy,  &c 131 

To  assign  Judge-Advocate  as  law  professor  in 131 

Duties  as  to  military  prison  at  Rock  Island 132 

To  direct  Adjutants-General  of  States  as  to  returns  of 

militia 133 

To  abolish  arsenals  when  unnecessary 134 

To  distribute  quota  of  arms,  &c.,  to  States 135 

To  entertain  appeals  from  decision  of  Chief  of  Engi- 
neers in  charge  of  Washington  Aqueduct,  and  to 
receive    his    reports    as  Superintendent  of  Public 

Buildings 136 

Duties  as  to  bounty,  prize-money,  &c.,  to  colored  sol- 
diers and  marines,  &c 137 

Custodian  of  retained  bounty  fund ;....  138 


INDEX.  649 

Secretary  of  War  :    (Continued.)  section. 

To  require  written  contracts,  and  copies  to  be  filed  in 

Returns  Office 139 

To  furnish  forms,  &c.,  to  officers  making  contracts 140 

To  furnish  transportation  to  certain  persons 141 

To  admit  army  officers,  soldiers,  and  employees  to 

hospital  for  insane 142 

Purchase  of  land  for  national  cemeteries  by .".     143 

To  cause  erection  of  porter's  lodoje  at  entrance  of  same    144 
To  appoint  supei-intendent  of  each  national  cemetery..     144 

To  detail  officer  to  inspect  same,  &c 145 

To  cause  graves  to  be  marked  and  register  of  burials  to 

be  kept 146 

Duties  as  to  island  of  Mackinac  and  National  Park. ...     147 
To  establish  water  gauges  for  lower  Mississippi  and 

tributaries 148 

To  authorize  Chief  Clerk  to  sign  requisitions 149 

To  control  improvement  of  Mississippi  River 150 

To  operate,  &c.,  certain  military  telegraphs 151,  152 

Duties  as  to  disbursements 153 

Duties  as  to  tolls  of  Louisville  and  Portland  canal 154 

As  to  contracts  and  material  for  public  improvements.    155 

To  erect  headstones  over  soldiers'  graves 15fi 

Publication  of  official  records  of  War  of  the  Rebellion.    156 
Contingent  expenses  of  his  department,  by  whom  set- 
tled      520 

Requisitions  of,  recorded  by  proper  Auditors 574,  593 

Receipts  and  expenditures,  account  kept,  by  whom  574,  593 
May  require  report  of  Second  and  Third  Auditors. 

when 574,593 

Ships  and  Vessels: 

Remission  of  forfeiture  of,  in  certain  cases 225 

Certain  trade  in  foreign  vessels  permitted,  when 226 

Register  to  wrecked  foreign  vessel,  when  repaired.  &c.    308 

New  certificate  of  registry  to  issue,  when 311 

Numbering  of  registered  and  enrolled  vessels 312 

Yachts  may  be  licensed  and  exempt  from  entry  and 

clearance 313 

Surveyor  of  port  of  delivery  authorized  to  enroll 317 

Use  of  petroleum,  &c.,  as  motive  power 319 

Navigation  Division,  duties  of,  as  to 396-411 

Registering,  &c.,  of,  and  marine  documents  to 396-398 

Protection  of  passengers  in,  also  of  emigrants 396,  404 

Entry  and  clearance  of,  requisites  of 400-402 

Tax  on  tonnage  of 405 

Remissions  as  to  forfeiture  of 409,  410 

Registry  cancelled,  when,  &c 676,  677 

Copies  of  registry  certificate  on  file  with  Register 678 

Change  of  master,  name,  &c.,  of  record,  where 678 

Title  to,  of  record  in  Register's  office 704 


550  INDEX. 

Ships  and  Vessels  :    (Continued.)  section. 

Allowance  to,  for  carrying  letters,  when 903 

Searches  and  seizures  of  letters  on  board  of 904 

Signals  : 

Secretary  of  War  to  provide  for,  &c 105 

To  detail  non-commissioned  officers  to  signal  duty 128 

Naval  signal  office 1090 

Sixth  Auditor: 

Origin  and  organization  of  office  of 637,  638,  640 

Duties  of  Auditor  and  Deputy 639-654 

To  settle  accounts  of  Post  Office  Department 641 

To  make  quarterly  settlements 641 

To  report  to  Postmaster-General,  when 641 

To  report  delinquents  to  same 641 

To  register,  charge,  and  countersign  Postmastei--Gen- 

eral's  warrants 641,  650,  852 

Appeal  from  decision  of,  to  First  Comptroller 642 

To  superintend  collection  of  penalties  and  debts  due 

Post  Office  Department 643 

To  keep  separate  account  of  money-order  business 644 

Quarterly  statements  of  expense  of  postal  service 645 

Compromise  of  judgments 646 

To  furnish  certified  papers  for  suit,  when 646 

May  administer  oaths 647 

Remission  of  penalties  bj'^ 648 

Copies  of  papers  certified  by,  evidence  in  court 649 

Application  of  payments  made  by  postmaster  execut- 
ing new  bond 651 

To  notify  Postmaster-General  of  deficiency  in  post- 
master's accounts 651 

Transcript  of  money-order  account,  prima-facie  evi- 
dence in  court 652 

To  show  financial  condition  of  Post  Office  Department 

annually 653,  846 

To  report  compensation  of  postmaster,  when 654 

Examining  Division,  office  of 657 

Registering  and  Book-keeper's  Divisions 658,  659 

Stating  and  Collection  Divisions 660,  661 

Foreign  Mail,  Pay,  and  Money-order  Divisions.  662,  663,  667 
Postmaster-General  to  notify  of  appointments  and 

removals 855 

Slave  Trade: 

President  may  suppress,  &c 21 

Smithsonian  Institution  : 

Accounts  for  preservation  of  collections  in,  where  set- 
tled      636 

Soldiers  : 

Lost  discharge  certificates  of,  to  be  furnished,  when...     107 
Bounty,  prize-money,  &c.,  due  colored  soldiers  and 
marines 137 


INDEX.  551 

Soldiers  :    (Continued.)  section. 

ColoMed,  retained  bounty  fund  in  custody  of  Secretary 

of  War 138 

Deposits  by,  with  paymasters 167 

Pay  and  bounty  claims 521 

Graves  of,  headstones  for  deceased 156 

Solicitor-General  : 

To  conduct  suits  in  Supreme  Court  and  Court  of  Claims, 

wiien 961 

Duties  of,  generally 983 

Solicitor  of  Internal  Kevenue: 

Duties  of 732,  782 

Under  supervision  of  Attorney-General 954 

Solicitor  of  Treasury  : 

Sale  of  property  by 342 

Discharge  of  seized  or  attached  property  by 343 

Delinquent  officers  reported  to,  for  suit 501 

Under  supervision  of  Attorney-General 954 

Office  of,  a  Bureau  of  Department  of  Justice 985-987 

Transfer  of  assistant,  &c.,  to  that  department 987 

Organization,  origin,  and  purpose  of  office  of 986,  988 

Written  opinions  of,  may  be  required  by  Attorney- 
General 989,  991 

To  perform  duties  by  direction  of  Attorney-General...     990 

To  prosecute  and  defend  suits,  when 991,  992 

Has  charge  of  certain  books,  &c 993 

To  charge  United  States  attorneys  with  customs  bonds 

delivered  for  suit ". 994,  995 

To  take  cognizance  of  frauds  on  revenue 996 

To  establish  regulations  for  collectors  of  customs.  Uni- 
ted States  attorneys,  and  marshals 997 

To  instruct  United  States  attorneys,  marshals,  and 

clerks  of  court  as  to  suits 997 

To  direct  prosecutions  under  national  banking  laws...     998 

To  report  moneys  collected 999 

Reports  to,  by ]000-1002 

Copies  of  papers  under  seal  of,  evidence  in  court 1003 

To  direct  suit  against  delinquent  officers  reported  bv 

Comptroller .*.  1004 

To  examine  certain  official  bonds  for  approval 1005 

To  receive  reports  of  seizures 1006 

To  issue  distress  warrants  against  delinquent  officers..  1007 
Compromise  by,  of  claims  of  the  United  States..  1008, 1022 
May  appoint  agent  to  bid  in  lands  for  the  United  States 

on  execution 1009 

To  sell,  &c.,  lands  acquired  in  payment  of  debt 1010 

In  charge  of  lands  and  property  so  acquired  and  of  all 

trusts,  &c 1012 

May  release  same  by  deed,  when -. 1012 


552  INDEX. 

Solicitor  of  Treasury  :    (Continued.)  section. 

May  stipulate  for  discharge  of  public  property  irom 

attachment  or  seizure 1013 

To  prosecute  defaulting  con  tractors  for  public-printing 

paper 1014 

Fees  to  special  counsel  in  prize  cases,  allowance  of,  by..  1015 

Law  library  in  office  of 1017 

Has  charge  of  Secret  Service  Division 1018 

Duties  as  to  remissions  of  fines,  &c 1019 

His  consideration  of  questions  arising  under  customs 

laws 1020 

Official  bonds,  contracts,  and  legal  instruments  for  his 

examination , 1021 

Printed  regulations  of  instructions  to  officers,  &c..  1023-1025 

Southern  CiiAiMS  Commission.    (See  Claims.) 

Special  Agents  : 

In  departments  generallj',  bond  of 30,  48 

Of  Treasury,  appointment,  number,  and  duties 200 

Under  charge  of  Division  of  Special  Agents 436 

Assignment  of,  accounts  of,  &c 436 

Of  internal  revenue.  Division  of 791 

Special  Agents,  Division  of  : 

Duties  of  Division  of,  in  office  of  the  Secretary  of  the 

Treasury 436-440 

Assignment  of  special  agents  and  accounts  of 436 

Smuggling,  prevention  of 437 

Supervision  of  customs  officers  by 438 

Of  transportation  of  goods  by 439 

Of  warehouse  and  bonded-route  bonds  by 440 

Trade  with  Mexico  and  Canada,  regulation  of,  by.......    440 

Stamps  : 

Internal  revenue,  accounts  for,  where  settled 636 

Accounts  of  stamp  agents  for 636 

Questions  as  to,  where  considered 784 

Internal  revenue,  issue,  safe-keeping  of,  &c 790 

Postal  stamps,  envelopes,  &c.,  sale  of,  how  regulated..    886 

Preparation  of  postal  stamps  and  envelopes 886 

Of  same  for  official  use 887 

Division  of,  in  Post  Office  Department 943 

State  Department: 

Organization  of 55,  81 

Seal  of,  in  custody  of  the  Secretary  of  State 57 

Officers  of,  in  foreign  service 77 

Diplomatic  officers  of 78 

Consular  officers  of 79 

Assistant  Secretaries,  duties'  of 81 

Consular  and  other  Bureaus  of 82-94 

Rolls,  library,  and  archives  of,  Revolutionary  arch- 
ives   90,  91 

Pardonsand  passports..  94 


INDEX.  553 

State  Department  :    (Continued.)  section. 

Translator  in  ...' 94 

Indexes  and  Archives,  Bureau  of 90 

Accounts  of,  settled  by  Fifth  Auditor 631 

Disbursing  clerk  of,  accounts,  where  settled 636 

Stationery  : 

Contracts  for,  by  executive  departments 52 

Division  of,  in  office  of  Secretary  of  the  Treasury,  du- 
ties of 433-435 

Statistics,  Bureau  of  : 

Division  of,  in  State  Department 92 

Report  of,  by  Secretary  of  the  Treasury 300 

Purpose  and  duties  of 480 

Chief  of,  duties  generally 481 

To  prepare  reports  of  exports  and  imports 483 

Also  annual  statement  of  registered  vessels,  &c 484 

Also  of  warehoused  goods  transported,  &c 485 

Also  statistics  of  manufactures 486 

Divisions  of,  and  organization 487 

Division  of,  in  State  Department 92 

Of  suits  and  crimes  to  be  reported  by  the  Attorney- 
General 974 

Of  education 1371 

Statutes,  United  States  : 

Publication  and  distribution  of,  by  Secretary  of  State..      59 

Steam  Engineering  : 

Bureau  of,  in  Navy  Department,  duties  of 1086 

Suits  : 

Transcript  of  accounts  ^nma-y*acie  evidence  in 580,  594 

Conducted  by  officers  of  the  Department  of  Justice..  956,  957 
Against  officers  of  Congress,  Attorney-Greneral  to  de- 
fend      966 

Special  counsel  in,  commissioned  by  Attorney-Greneral..    970 

Reports  of,  to  Congress 974 

Prosecution  and  defense  of,  by  Solicitor  of  the  Treas- 
ury   991,  992 

Instructions  to  United  States  attorneys  and  others 

in 997,1023-1025 

Under  national  bank  laws  directed  by  Solicitor  of  the 

Treasury 998 

To  be  reported  to  Solicitor  of  the  Treasury 1000-1002 

Against  delinquent  officers,  directed  by  Solicitor  of 
Treasury 1004 

Supplies  : 

Contracts  for,  by  executive  departments 52 

Care,  purchase,  and  accountability  for 120-122 

Ordnance  and  ordnance  stores  regulated  by  Secretary 
of  War 125 

Surgeons  : 

Board  of  examination  for  army  assistant 126 


554  INDEX. 

Surgeon-General's  Bureau:  section. 

Duties  of. : 171,172 

Swamp  Lands,  Division  of: 

III  Laud  Office,  duties  of 1254 

T 

Telegraphs,  Military: 

Secretary  of  War  to  operate  certain 151,  152 

Third  Assistant  Postmaster-General: 

Divisions  under  charge  of 941 

Third  Auditor  : 

General  duties  of  and  accounts  settled  by 590,  592,  599 

May  take  testimony  as  to  claims  for  steamboats,  &c....     592 

To  register  requisitions  of  Secretary  of  War 593 

To  keep  accounts,  receipts,  and  expenses  of  War  De- 
partment       593 

To  receive  accounts  adjusted  and  preserve  same 593 

To  report  application  of  moneys  appropriated 593 

To  report  as  Secretary  of  War  requires,  when 598 

Transcript  of  account  of,  prima-facie  evidence  of  bal- 
ance due 594 

Claims  under  act  of  July  4, 1864 595 

Same  act  extended  to  claims  for  steamboats,  &c 596 

Organization  of  office  of 597 

Deputy,  duties  of, 597 

Book-keeper's  Division,  office  of,  duties  of 598 

Appropriation  and  money  accounts  kept  in  same 598 

Requisitions  charged  in  same 598 

Quartermaster's  Division,  duties  of 599 

Accounts  settled  by  and  how 599,  600,  601 

Subsistence  and  Engineer  Division,  duties  of 602 

Accounts  settled  by.. 602,  603 

Claims  Division,  duties  of,  claims  settled  in 604 

Pension  Division,  pension  accounts  settled  in 605-608 

Collection  Division,  duties  of 609-611 

Checks  upon  double  or  fraudulent  payments 610 

Timber-Culture  Entry.    (See  Public  Lands.) 

Topographical  Office  : 

In  Post  Office  Department,  duties  of 951 

Town  Sitf^  on  Public  Domain.    (See  Public  Lands.) 

Trade : 

At  military  posts  on  frontier 115 

Certain  officers  of  Treasury  not  to  engage  in 187 

Trade-marks  : 

Of  watch  manufacturers,  protection  of 307 

Transfer  of  right  to,  may  be  regulated  by  whom. 1367 

Registration  and  protection  of 1337,  1365 

Restrictions  as  to  registrj'^  of 1366 

Renewal  of 1339 


INDEX.  655 

Treasurer  of  United  States:  section. 

Bonds  of  assistants,  approval  of,  &c. 262,  1005 

General  account  of,  kept  by  Division  of  Warrants,  &c.    361 
Funds  lost  by  accident,  &c.,  charged  to  account  of 

'Hmavailables" 361 

Draft  of,  in  payment  of  warrant  of  Secretary  of  Treas- 
ury  .-..     365 

Origin  and  general  duties  of 705-716 

To  disburse  moneys  on  warrant  of  Secretary  of  Treas- 
ury     706 

To  render  his  accounts  to  Comptroller  quarterly 707 

To  submit  moneys  in  his  hands  to  inspection 707 

To  deposit  amounts  of  outstanding  drafts,  &c 708 

To  report  condition  of  disbursing  officers'  accounts, 

when 709 

To  lay  copies  of  his  accounts  before  Congress 710 

To  report  state  of  Treasury 710 

Prohibited  from  engaging  in  business  for  gain  with  the 

department 711 

Moneys  on  deposit  subject  to  his  draft 712 

Not  to  loan,  use,  or  deposit  in  bank,  &c.,  public  mon- 
eys      713 

To  redeem  n  otes  of  national  banks,  when 714 

To  return  for  redemption  notes  of  failing  national 

banks 715 

Custodian  of  stocks,  bonds,  &c.,  held  for  Indians 716 

Subordinate  officers  of 717 

Assistant  Treasurer  to  act  in  place  of,  when 718 

Deposit  books  of  bonds  by  banks  open  to  Comptroller.    804 

Has  access  to  books  of  Comptroller  of  Currency 804 

To  authorize  banks  to  receive  interest  on  bonds  de- 
posited  ^.. 805 

Cashier  in  office  of,  duties  of 719 

Chief  Clerk  in  office  of,  duties  of 720 

Division  of  Issues,  also  of  Redemption,  in  office  of..  721,  722 
Division  of  Accounts,  also  of  Loans,  in  office  of...     723,  724 

Division  of  National  Banks,  in  office  of 725 

Treasury  Department: 

Date  of  establishment  and  organization  of 179 

Officers  of 180 

Bureaus  of,  enumerated 181 

All  claims  adjusted  in 183 

Contingent  expenses  of,  &c.,  accounts  for 186 

Certain  ofiicers  not  to  engage  in  trade  or  business  of 

department  for  gain 187 

First  and  Second  Assistant  Secretaries,  duties  of...  355,  356 

Chief  Clerk,  duties  of 357 

Superintendent's  Branch 357 

Light-house  Board 446-457 

Bureau  of  the  Mint 4.58-470 


556  INDEX. 

Treasury  Department:    (Continued.)  sectiox. 

Construction  Branch 471-473 

Enjrraving  and  Printing 474 

Office  of  Supervising  Surgeon-General 475 

Treaties  : 

President  may  make,  with  advice  of  Senate 5 

Accounts  under,  with  foreign  nations,  settled  by  whom.     632 

V 

Virginia  Military  Bounty: 

Description  of 1202 

Patents  for  lands  baseed  on,  where  issued 1253 

W 

War  Department  : .  (See  Secretary  of  War.) 

Organization  of,  &c 95,  98 

Chief  Clerk  of,  duties  of 96,  97 

Property,  &c.,  of,  in  charge  of  Secretary  of  War 100 

Chief  Clerk  may  be  authorized  to  sign  requisitions, 

wiien 149 

Adjutant-General's  Bureau  of 157 

Quartermaster-General's  Bureau  of 158-165 

Paymaster-General's  Bureau  of 166 

Commissary-General's  Bureau  of 168 

Surgeon-General's  Bureau  of 171,  172 

Office  of  Chief  of  Engineers 173,  174 

Office  of  Chief  of  Ordnance 175 

Office  of  Military  Justice 177 

Office  of  Inspector-General 178 

Accounts,  receipts,  and  expenses  kept  by  Second  Audi- 
tor      57^ 

Accounts   of,   settled    by  Second   and    Third    Audi- 
tors   570,  572,  590 

Warrants,  Estimates,  &c..  Division  of  : 

Office  of  Secretary  of  Treasury 359-372 

Book  of  estimates,  &c 360 

Appropriation  accounts  opened  and  kept  by 361 

General  accoiuit  of  money's  kept  by 361 

Treasurer's  general  account  kept  by 361 

Balances  of  appropriations  taken  up  by  surplus-fund 

warrant 361 

Account  of  ''unavailables"  explained 361 

Appropriation  warrants  described 362,  363 

Pay  warrant  described 364 

Covering-in  warrants  explained,  form  of 366 

Public-debt  statement  prepared  by 370 

Sinking-fund  account  kept  by 370 

Aids  in  preparation  of  report  on  finances 370 


INDEX.  557 

Washington  Aqueduct  :  section. 

Appeals  from  decision  of  chief  engineers  in  charge  of..  136 

Washington,  City  of  : 

Misappropriation  of  streets,  &c.,  in,  to  be  prevented...  1118 

West  Point  Academy: 

Secretary  of  War  may  detail  army  officers  as  instructors.  119 

To  make  regulations  for  examination  of  appointees 130 

To  arrange  course  of  study  therein 131 

To  have  general  charge  of,  tlft-ough  such  officer  as  he 

shall  assign 131 

Judge-Advocate  of  army  professor  of  law  in 131 

Y 

Yards  and  Dock!  : 

Bureau  of,  in  Navy  Department,  duties  of 1083 

Navy-yards  and  Naval  Asylum  under  charge  of 1083 

Yellowstone  National  Park  : 

Control  of,  by  Secretary  of  Interior 1151 

Lease  of  lands  in 1151 

Protection  of : 1151 


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BERKELEY 


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